Gautam Kumar @ Minku Pandey Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Gautam Kumar @ Minku Pandey Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner Gautam Kumar @ Minku Pandey to be enlarged on bail, upon arrest/surrender within six weeks, on bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Brahampur P.S. Case No. 426 of 2023, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in Brahampur P.S. Case No. 426 of 2023 (District Buxar) registered for offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 IPC and Section 27 of the Arms Act, should be enlarged on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender, petitioner to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned C.J.M., Buxar, in connection with Brahampur P.S. Case No. 426 of 2023.

Ratio / Principle

The enlargement is operative only in the event of arrest or surrender within a period of six weeks from the date of the order.

Key takeaways

The bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶¶17

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J), order dated 02-04-2024, CR. MISC. No.19681 of 2024: Gautam Kumar @ Minku Pandey, apprehending arrest in Brahampur P.S. Case No. 426 of 2023 (District Buxar), registered for offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 IPC and Section 27 of the Arms Act, granted anticipatory bail. Allegation: assault with a 'fighter' on the informant's face causing simple injury; case and counter case; similarly situated co-accused already extended anticipatory bail by coordinate Benches (Annexure P/3 series). Held: petitioner to be enlarged on bail if arrested/surrenders within six weeks, on bail-bond of Rs. 10,000/- with two like sureties before learned C.J.M., Buxar, subject to conditions under Section 438(2) CrPC; State (through A.P.P.) had opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19681 of 2024

Arising Out of PS. Case No.-426 Year-2023 Thana- BRAHMPUR District- Buxar

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

Gautam Kumar @ Minku Pandey Son of Gopi Pandey Resident of VillageBrahampur, Police Station- Brahmpur, District- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Pandey ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 02-04-2024 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against petitioner is that he assaulted with fighter on the face of informant. Doctor has found simple injury. There is case and counter case. Similarly situated other co-accused persons have already been granted anticipatory bail by coordinate Benches of this Court, vide orders annexed as Annexure P/3 series.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.19681 of 2024(2) dt.02-04-2024 2/2

in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Brahampur P.S. Case No. 426 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

anay/-

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