Binod Yadav @ Binod Kumar Raj Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Binod Yadav @ Binod Kumar Raj Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to appear/surrender before the learned trial court within six weeks and be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.; liberty reserved to the Trial Court to cancel the bail bonds forthwith if the Investigating Officer reports non-cooperation by the petitioner in investigation despite his assurance to the Court; copy of the order to be sent to the concerned P.S. through the learned Trial Court.

Issue for consideration

Whether the petitioner, apprehending arrest in Vishnupad P.S. Case No. 291 of 2023 (District Gaya) for offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code, is entitled to release on anticipatory bail.

Court's answer

Having regard to the submissions of learned counsel for the petitioner and the nature of injury suffered, the Court held that prima facie Section 307 of the IPC is not attracted against the petitioner.

Ratio / Principle

The petitioner, in the event of his arrest or surrender before the learned trial court within six weeks from the date of the order, was ordered to be released on anticipatory bail 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) of the Cr.P.C., in connection with Vishnupad P.S. Case No. 291 of 2023.

Key takeaways

If the Investigating Officer files an application before the learned Trial Court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner forthwith.ratio¶22

Detailed headnote1 paragraphs

High Court of Judicature at Patna (Satyavrat Verma, J.), Criminal Miscellaneous No. 22657 of 2024, decided 08-04-2024, arising out of Vishnupad P.S. Case No. 291 of 2023, District Gaya: anticipatory bail sought by Binod Yadav @ Binod Kumar Raj, apprehending arrest for offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code, the allegation (as submitted by counsel) being assault of the informant by sword causing head injury in a land-related occurrence. Noting the nature of injury suffered, the Court held that prima facie Section 307 of the IPC was not attracted and granted anticipatory bail, directing the petitioner to appear or surrender before the learned trial court within six weeks and furnish bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C.; the learned Trial Court was expressly empowered to cancel the bail bonds forthwith if, on the Investigating Officer's application, the petitioner was found not cooperating in investigation despite his assurance to the Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22657 of 2024

Arising Out of PS. Case No.-291 Year-2023 Thana- VISHNUPAD District- Gaya

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

BINOD YADAV @ BINOD KUMAR RAJ S/O JAGDEO YADV R/O VILLKHATKACHAK, NAILI, P.S-MAGADH MEDICAL, DISTRICT-GAYA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Anand Kishore Sinha For the Opposite Party/s : Mr.Binod Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 08-04-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant for the reason that petitioner serves in the Indian Army and thus the informant implicated him so that his service gets terminated. It is further submitted that no doubt the allegation is of assault against this petitioner along with Manoj and other and the petitioner is alleged to have assaulted the informant by sword causing injury on head, but then from perusal of the injury report, it would

Patna High Court CR. MISC. No.22657 of 2024(2) dt.08-04-2024 2/3

manifest that the injuries suffered by the injured is simple in nature, which amply demonstrates that the accused persons never had any intention of committing a serious occurrence. It is also submitted that on account of dispute relating to land, the alleged occurrence is said to have taken place. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and nature of injury suffered, prima facie, Section 307 of the IPC is not attracted, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vishnupad P.S. Case No. 291 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that in the event if the Investigating Officer of the case files an application before the

Patna High Court CR. MISC. No.22657 of 2024(2) dt.08-04-2024 3/3

learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner forthwith.

Let a copy of this order be sent to the concerned

P.S. through the learned Trial Court.

(Satyavrat Verma, J)

Rishabh/-

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