Santosh Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Santosh Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted subject to payment of Rs. 10,000/- (receipt to be submitted to the concerned Court); petitioner to be released on bail on arrest or surrender within four weeks of receipt of the order, on bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M, Dehri, Rohtas, subject to conditions under Section 438(2) of the Cr.P.C. (family-member bailor with documented bona fide; attendance before the Trial Court on every date with absence on two consecutive dates without plausible reason entailing cancellation by the Trial Court itself; no inducement/promise/threat to witnesses nor tampering with evidences; desistance from fresh offences, breaches enabling the State to seek cancellation of bail bonds).

Issue for consideration

Whether anticipatory bail should be extended to the petitioner, who is apprehending arrest in connection with Dehri Muffasil P.S. Case No. 200 of 2023. +1 more

Court's answer

This Court extended the privilege of anticipatory bail to the petitioner subject to payment of Rs. 10,000/- as undertaken by learned counsel for the petitioner.

Ratio / Principle

The receipt for the Rs. 10,000/- payment has to be submitted to the concerned Court.

Key takeaways

The petitioner is to be released on bail in the event of arrest or surrender within a period of four weeks from receipt of the order.ratio¶22
Release is upon furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M, Dehri, Rohtas.ratio¶22
Release is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), oral order dated 12-03-2024 in Criminal Miscellaneous No.13861 of 2024 (arising out of PS Case No. 200 of 2023, Thana-Dehri Mufassil, District-Rohtas): Anticipatory bail granted to the petitioner apprehending arrest under an FIR dated 30.10.2023 lodged by informant Irfan Ahmad under sections 143, 279, 427, 342, 323, 363, 384, 504, 506 of the I.P.C., arising from an alleged incident in which the petitioner's vehicle, driven negligently and rashly, collided with the informant's container, after which the driver's owner allegedly abused/assaulted the informant and released him only after Rs. 15,000/- was paid for repair of the truck. Taking into account that the accident took place between two vehicles and that the petitioner has no criminal antecedent, the Court extended the privilege of anticipatory bail subject to payment of Rs. 10,000/- as undertaken by learned counsel, with receipt to be submitted to the concerned Court. Release ordered on arrest or surrender within four weeks of receipt of the order, on bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M, Dehri, Rohtas, subject to Section 438(2) Cr.P.C. conditions: one bailor a family member with official proof of bona fide; appearance on every Trial Court date, absence on two consecutive dates without plausible reason entailing cancellation by the Trial Court itself; no inducement/promise/threat to witnesses or tampering with evidences; and desistance from further offences, failing which the State may seek cancellation of bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13861 of 2024

Arising Out of PS. Case No.-200 Year-2023 Thana- Dehri Mufassil District- Rohtas

======================================================

Santosh Singh S/o- Late Murlidhar Singh village- Tendua Dusadhi Ps- Dehri M Dist- Rohtas at Sasaram

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 12-03-2024 Heard the parties.

The petitioner is apprehending his arrest in

connection with Dehri Muffasil P.S. Case No. 200 of 2023 for the offence under sections 143, 279, 427, 342, 323, 363, 384, 504, 506 of the I.P.C. lodged on 30.10.2023 by the informant, Irfan Ahmad.

As per the prosecution story, the informant alleged that he was taking his containor when the petitioner’s vehicle which was being driven negligently and rashly, collided with it causing severe damage. Further, the driver of the said vehicle, called his owner who abused/assaulted and took him to a different place in a four wheeler and only after Rs. 15,000/- was given for the repair of the truck, he was left. Accordingly, the FIR.

Learned counsel for the petitioner submits that an

Patna High Court CR. MISC. No.13861 of 2024(2) dt.12-03-2024 2/3

accident took place and as it was negligent driving from the other side, he was requested to get the vehicle repaired for which the allegation has been made, he do not have criminal antecedent.

Further, the submission is that without accepting the allegation, the petitioner intends to deposit Rs. 10,000/- with the District Legal Services Authority, Rohtas at Sasaram.

Learned APP opposes the prayer stating that subsequently, he was taken away and only after payment, was released.

Taking into account the submissions put forward by the parties as also that the accident took place between two vehicles, he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner and the receipt has to be submitted to the concerned Court.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M, Dehri, Rohtas, in connection

Patna High Court CR. MISC. No.13861 of 2024(2) dt.12-03-2024 3/3

with Dehri Muffasil P.S. Case No. 200 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

kiran/-

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