Subhash Das Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Subhash Das Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no. 2 (Sushma Devi @ Puja Devi) upon arrest or surrender within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; anticipatory bail rejected for petitioner no. 1 (Subhash Das).

Issue for consideration

Whether petitioner no. 2 (Sushma Devi @ Puja Devi), apprehending arrest in Punpun P.S. Case No. 63 of 2020 for offences under Sections 447, 341, 323, 325, 307, 379, 504, 506/34 IPC, should be enlarged on anticipatory bail. +1 more

Court's answer

Considering the facts and circumstances of the case and the fact that petitioner no. 2 (Sushma Devi @ Puja Devi) is female, the Court directed that she be enlarged on bail, in the event of her arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/successor court, in connection with Punpun P.S. Case No. 63 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The prayer for anticipatory bail of petitioner no. 1 (Subhash Das) is rejected because there is specific overt act against him.

Detailed headnote1 paragraphs

Anticipatory bail — Criminal Miscellaneous No. 20813 of 2023 (decided 29-01-2024), arising out of Punpun P.S. Case No. 63 of 2020, District Patna, registered for offences under Sections 447, 341, 323, 325, 307, 379, 504, 506/34 IPC. Coram: Anjani Kumar Sharan, J. Considering the facts and circumstances and that petitioner no. 2 (Sushma Devi @ Puja Devi) is female, the Court enlarged her on bail, in the event of arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C. The prayer for anticipatory bail of petitioner no. 1 (Subhash Das) was rejected, there being specific overt act against him. Counsel's reference to bail already granted to a similarly situated co-accused vide order dated 30.08.2023 in Cr. Misc. No. 30168 of 2022 was noted but not made the basis of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20813 of 2023

Arising Out of PS. Case No.-63 Year-2020 Thana- PUNPUN District- Patna

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

Subhash Das Son Of Ramnath Das R/O Village- Nadpura P.S. Punpun, District- Patna

Sushma Devi @ Puja Devi W/O Subhash Das R/O Village- Nadpura P.S. Punpun, District- Patna

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarandha Suman For the Opposite Party/s : Mr.Satyendra Narayan Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 29-01-2024

Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

Petitioners along with other accused persons are said to have assaulted informant and his family members with lathi and bricks as a result of which the father of the informant sustained injury on his head.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is specific allegation against coaccused persons namely Kapil Das, Jhandu Das and Madan Das. He submits that there is no specific overt act against the petitioners. He submits that similarly situated co-accused has

Patna High Court CR. MISC. No.20813 of 2023(3) dt.29-01-2024 2/2

already been granted bail by this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 30168 of 2022. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes the prayer

for bail.

Considering the facts and circumstances of the case and the fact the petitioner no. 2 is female, let the above named petitioner no. 2 in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Punpun P.S. Case No. 63 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

So far as petitioner no. 1 is concerned, there is specific overt act against him, I am not inclined to enlarge the petitioner no. 1 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.

devendra/- U T

(Anjani Kumar Sharan, J)