Binit Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Binit Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed with a direction that if the petitioner surrenders before the learned court below and files a bail application, it shall be disposed of on the same day, keeping in mind the petitioner's clean antecedents and the anticipatory bail already granted to one co-accused.

Issue for consideration

Whether the petitioner, who apprehends his arrest in connection with Forbesganj (Simraha) P.S. Case No. 1070 of 2023 (offences under Sections 379, 411, 413, 414/34 IPC), should be granted bail / protection from arrest.

Court's answer

The Court disposed of the criminal miscellaneous petition with the observation that if the petitioner surrenders before the learned court below and files a bail application, it shall be disposed of on the same day.

Ratio / Principle

In passing that direction the Court kept in mind that the petitioner is a person of clean antecedent and that one of the co-accused has already been granted anticipatory bail by this Court.

Detailed headnote1 paragraphs

Arrest-apprehension / bail protection matter. Patna High Court (Nawneet Kumar Pandey, J.), order dated 12-07-2024 in Criminal Miscellaneous No. 14103 of 2024, arising out of Forbesganj (Simraha) P.S. Case No. 1070 of 2023, District Araria, registered for offences punishable under Sections 379, 411, 413, 414/34 of the Indian Penal Code. Allegation: during a raid the informant with police personnel found boys on an electric pole cutting wire, with others collecting it; a red colour vehicle attempted to flee; three boys (Ananat Kumar, Suman Kumar Mushan Mandal, Niraj Kumar) were apprehended and five bundles of wire and a cutter machine were recovered from their possession. Petitioner Binit Kumar pleaded false implication, clean antecedents, and that he was neither arrested nor was any incriminating article recovered from him. Disposition: the petition was disposed of with the observation that if the petitioner surrenders before the learned court below and files a bail application, it shall be disposed of on the same day, keeping in mind that he is a person of clean antecedent and that one of the co-accused has been granted anticipatory bail by this Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14103 of 2024

Arising Out of PS. Case No.-1070 Year-2023 Thana- FORBESGANJ District- Araria

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

Binit Kumar SON OF SUNIL MANDAL RESIDENT OF VILLAGEBARDHAHA, WARD NO. 09, PS- SIMRAHA, DIST- ARARIA

... ... Petitioner/s

Versus

The State of Bihar BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vivekanand Singh For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 12-07-2024 Heard the learned counsel for the petitioner.

The petitioner apprehends his arrest in connection

with Forbesganj (Simraha) P.S. Case No. 1070 of 2023, registered for the offences punishable under Sections 379, 411, 413, 414/34 of the Indian Penal Code.

As per allegation, the informant along with police personnel raided the place of occurrence and found some boys climbing on the electric pole, who were cutting the wire and some boys were collecting the wire. Having seen the police party, a red color vehicle started to fleeing away. Some boys were apprehended from that vehicle and they disclosed their names as Ananat Kumar, Suman Kumar Mushan Mandal and Niraj Kumar. Five bundles wire and a cutter machine were

Patna High Court CR. MISC. No.14103 of 2024(3) dt.12-07-2024 2/2

recovered from their possession.

The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He is a person of clean antecedent. He was neither arrested nor any incriminating articles was recovered from his possession.

This criminal miscellaneous petition is disposed with the observation that if the petitioner surrenders before the learned court below and files bail application, it shall be disposed of on the same day, keeping in mind that the petitioner is a person of clean antecedent and one of the co-accused has been granted anticipatory bail by this Court.

(Nawneet Kumar Pandey, J)

kundan/-

U T