The Patna High Court granted anticipatory bail to three petitioners apprehending arrest in an offence under Sections 341 and 307 r/w 34 IPC and Section 27 Arms Act, subject to conditions regarding surrender and bail bond.
Anticipatory bail granted on surrender within six weeks via bail bond of Rs. 20,000 each with two sureties under Section 438 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16962 of 2024
Arising Out of PS. Case No.-173 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar For the Opposite Party/s : Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Vidyapati P.S. Case No. 173 of 2023 dated 30.10.2023 registered for the offence punishable u/ss 341 and 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners and the co-accused persons holding deadly weapons chased the son of the informant and started abusing. In the meantime, the petitioner No. 2 and the co-accused Amritesh Kumar and Nilesh
Patna High Court CR. MISC. No.16962 of 2024(2) dt.02-04-2024 2/3
Kumar having pistol in their hands with an intention to kill fired five rounds on the informant's son out of which one pellet hit him due to which he fell down and thereafter, he was taken to D.M.C.H, Darbhanga for treatment.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The specific allegation of firing is against the co-accused person. There is general and omnibus allegation against the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Dalsinghsarai, Samastipur in connection with Vidyapati P.S. Case No. 173 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.16962 of 2024(2) dt.02-04-2024 3/3
7. This application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioners entitled to anticipatory bail in the facts of the case.
1 provisions across 1 enactments
Om Prakash Bhagat
Raushan Kumar
Sonu Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
