Dinbandhu Sharma @ Deenbandhu Kumar Sharma v. The State of Bihar
Case brief
What is this about?
Keywords: anticipatory bail; pre-arrest bail; Section 438(2) Cr.P.C.; Sections 429 and 34 Indian Penal Code; Section 27 Arms Act; killing of informant's mare by bullet shot; compensation undertaking affidavit with informant's receipt; bail bond Rs. 10,000 with two sureties; criminal antecedent verification; automatic lapse of bail order if other cases pending; Gopalpur P.S. Case No. 384 of 2023, Thana Gopalpur, District Bhagalpur; Additional Chief Judicial Magistrate – I, Naugachia (Bhagalpur); Dinbandhu Sharma @ Deenbandhu Kumar Sharma v. The State of Bihar; Patna High Court CR. MISC. No.17675 of 2024; decided 14-03-2024; single-judge bench: Purnendu Singh, J.; counsel: Diwakar Upadhyaya (Advocate, petitioner), Jharkhandi Upadhyay (APP, State).
What did the court decide?
Anticipatory bail directed: release on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate – I, Naugachia (Bhagalpur)/successor court, in the event of arrest or surrender within four weeks, subject to the compensation undertaking (affidavit plus informant's receipt on record), Section 438(2) Cr.P.C. conditions, and automatic lapse if any other case is found pending.