Dharmbir Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Dharmbir Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners - release upon arrest or surrender before the learned lower Court within six weeks, on a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners apprehending arrest in connection with Masaurhi P.S. Case No. 604 of 2018, registered for offences punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code.

Court's answer

The petitioners were ordered to be released on bail, in the event of their arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, in connection with Masaurhi P.S. Case No. 604 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The direction to release the petitioners on bail was made having regard to the facts and circumstances of the case and the nature of the injuries sustained by injured Mohan Paswan.

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.), oral order dated 18-04-2024 in Criminal Miscellaneous No.15286 of 2024: anticipatory bail granted to four petitioners (Dharmbir Bind, Dhiraj Bind, Bhukhan Manjhi, Indradeo Manjhi) apprehending arrest in Masaurhi P.S. Case No. 604 of 2018, registered for offences punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code. Counsel for the petitioners had pleaded innocence, false implication, general and omnibus allegations, existence of a case and counter case, simple injuries to injured Mohan Paswan, and criminal antecedents for petitioner nos. 1 & 4 but none for nos. 2 & 3. Having regard to the facts and circumstances and the nature of the injuries sustained by Mohan Paswan, the Court directed that the petitioners be released on bail upon arrest or surrender within six weeks, on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, subject to the condition laid down under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15286 of 2024

Arising Out of PS. Case No.-604 Year-2018 Thana- MASAUDHI District- Patna

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Dharmbir Bind S/O Dhuri Bind R/O VILLAGE- HASANPURA, PS.MASAURHI, DIST.- PATNA.

DHIRAJ BIND S/O BASUDEO BIND R/O VILLAGE- HASANPURA, PS.- MASAURHI, DIST.- PATNA.

BHUKHAN MANJHI S/O LATE HARI MANJHI R/O VILLAGEHASANPURA, PS.- MASAURHI, DIST.- PATNA.

INDRADEO MANJHI S/O LATE JAGDISH MANJHI R/O VILLAGEHASANPURA, PS.- MASAURHI, DIST.- PATNA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Satish Chandra, Adv. For the Opposite Party/s : Mr.Pushpa Sinha, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 18-04-2024

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code.

Allegedly, all the accused persons including the petitioners are said to have assaulted the informant’s side brutally with deadly weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed

Patna High Court CR. MISC. No.15286 of 2024(3) dt.18-04-2024 2/2

no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. The injuries of injured Mohan Paswan were found simple in nature. Petitioner nos. 1 & 4 have one criminal antecedent, whereas petitioner nos. 2 & 3 have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as considering the nature of the injuries sustained by injured Mohan Paswan, the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Masaurhi P.S. Case No. 604 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

divyanshi/- U T