Bist Kumar @ Bittu Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Bist Kumar @ Bittu Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner nos. 1, 2, 3, 4 and 6: release upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, to the satisfaction of the learned ACJM, IIIrd, Barh, Patna, subject to Section 438(2) Cr.P.C. conditions. The application qua petitioner nos. 5 and 7 was dismissed as withdrawn with the court's permission. The application stands allowed.

Issue for consideration

Whether petitioners other than nos. 5 and 7 (whose applications were sought to be withdrawn) are entitled to anticipatory bail in respect of Mokama P.S. Case No. 407 of 2023, registered for offences under Sections 147, 148, 149, 341, 323, 307, 504, 506, 34 IPC and 25(1-b), 35 of the Arms Act. +1 more

Court's answer

Petitioners no.1, 2, 3, 4 and 6 abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned ACJM, IIIrd, Barh, Patna, in connection with Mokama P.S. Case No.407 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Permission accorded to withdraw the anticipatory bail application with respect to petitioner no.5 (Goungu Bind @ Shyam Nandan Bind) and petitioner no.7 (Rajesh Bind @ Rajiv Bind); accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.5 & 7.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, Satyavrat Verma, J., oral order dated 15-04-2024 in Criminal Miscellaneous No.19616 of 2024 arising out of Mokama P.S. Case No.407 of 2023 (Thana Mokama, District Patna), for offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506, 34 of the Indian Penal Code and 25(1-b), 35 of the Arms Act. Permission accorded to withdraw the application qua petitioner no.5 (Goungu Bind @ Shyam Nandan Bind) and petitioner no.7 (Rajesh Bind @ Rajiv Bind); dismissed as withdrawn against them. Petitioners no.1, 2, 3, 4 and 6 granted anticipatory bail: upon arrest or surrender within six weeks, to be released on bail-bonds of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the learned ACJM, IIIrd, Barh, Patna, subject to Section 438(2) Cr.P.C. conditions. Counsel had submitted that petitioner no.1 and no.6 are of antecedent of two cases while the rest are persons of clean antecedent falsely implicated; the allegation of assault was urged to be non-specific; the learned APP opposed. The application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19616 of 2024

Arising Out of PS. Case No.-407 Year-2023 Thana- MOKAMAH District- Patna

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

Bist Kumar @ Bittu Kumar S/O Goungu Bind @ Shyam Nandan Bind

Madhukar Kumar S/O Goungu Bind @ Shyam Nandan Bind

Rakesh Kumar S/O Goungu Bind @ Shyam Nandan Bind

Hiyalal Bind @ Hira Lala Bind S/O Late Rameshwar Bind

Goungu Bind @ Shyam Nandan Bind S/O Late Rameshwar Bind

Pandav Bind @ Pandav Kumar S/O Jagdish Bind

Rajesh Bind @ Rajiv Bind S/O Jagdish Bind All Are R/O Village- Barahpur Bind Toli, P.S- Mokama Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 15-04-2024

Heard learned counsel for the petitioners as well as

learned APP for the State.

Learned counsel for the petitioners seek permission

to withdraw the anticipatory bail application with respect to petitioner no.5 (Goungu Bind @ Shyam Nandan Bind) and petitioner no.7 (Rajesh Bind @ Rajiv Bind).

Permission is accorded.

Accordingly, the anticipatory bail application is

dismissed as withdrawn as against petitioner no.5 & 7.

The rest petitioners seek bail in anticipation of their

arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.19616 of 2024(2) dt.15-04-2024 2/3

Sections 147, 148, 149, 341, 323, 307, 504, 506, 34 of the Indian Penal Code and 25(1-b), 35 of the Arms Act.

The learned counsel for the petitioners submit that petitioner no.1 & 6 are antecedent of two cases and rest of the petitioners are person with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that the accused persons including the petitioners objected the folk music and food being served by the informant on 13^th day of his grandmother death ceremony and when the same was objected the accused persons including the petitioners assaulted, further Rajesh Bind was carrying a pistol which was snatched by the local people. It is further submitted that though there is allegation of assault, but then the allegation of assault is not specific.

The learned APP opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioner no.1,2,3,4 and 6 abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.19616 of 2024(2) dt.15-04-2024 3/3

like amount each to the satisfaction of the learned ACJM, IIIrd, Barh, Patna in connection with Mokama P.S. Case No.407 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

Prakash Narayan U T