Sadavriksh Kumar @ Sadavriksh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Sadavriksh Kumar @ Sadavriksh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Bail in anticipation of arrest: petitioner to be released on bail if arrested or surrendering within six weeks, on furnishing 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; personal appearance of the Investigating Officer dispensed with.

Issue for consideration

Whether the petitioner is entitled to bail in anticipation of arrest in Bakhtiyarpur P.S. Case No.436 of 2023 registered for offences under Sections 364, 379, 341, 342, 504, 506 and 34 IPC and Section 27 of the Arms Act.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned ACJM, IIIrd, Barh, Patna, subject to the conditions laid down under Section 438(2) Cr.P.C.; the Court was assisted by the Investigating Officer's presence and injury report showing simple injury, unchallenged by the learned APP.

Ratio / Principle

The anticipatory bail application stands allowed.

Key takeaways

The personal appearance of the Investigating Officer of the case is dispensed with.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J.) allowed the Criminal Miscellaneous application of the petitioner seeking pre-arrest bail in Bakhtiyarpur P.S. Case No.436 of 2023, District Patna, registered for offences punishable under Sections 364, 379, 341, 342, 504, 506 and 34 of the IPC and Section 27 of the Arms Act. The Investigating Officer appeared with the injury report and submitted that the injury suffered by the injured was simple in nature; the learned APP fairly conceded the same, and the petitioner's counsel urged false implication and absence of corroboration of the assault allegation by the injury report. The petitioner, in the event of arrest or surrender before the Court below within six weeks, is to be released on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, IIIrd, Barh, Patna, subject to the conditions under Section 438(2) Cr.P.C. The personal appearance of the Investigating Officer was dispensed with.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22665 of 2024

Arising Out of PS. Case No.-436 Year-2023 Thana- BAKHTIYARPUR District- Patna

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

SADAVRIKSH KUMAR @ SADAVRIKSH RAI SON OF SHAMBHU PRASAD R/O-GHOSWARI, BAKHTIYARPUR, P.S.-BHAKTIYAROUR DISTT.-PATNA, BIHAR-803212

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

For the Petitioner/s : Mr.Manini Jaiswal, Advocate For the Opposite Party/s : Mr.Arun Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 22-07-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 364, 379, 341, 342, 504, 506 and 34 of the IPC and 27 of the Arms Act in connection with Bakhtiyarpur P.S. Case No.436 of 2023.

The Investigating Officer of the case along with the injury report is present in the Court and submits that the injury suffered by the injured is simple in nature.

The learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant and allegation of assault also

Patna High Court CR. MISC. No.22665 of 2024(4) dt.22-07-2024 2/2

does not get corroborated from injury report.

The learned APP also fairly submits that the injury

suffered by the injured is simple in nature.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM,IIIrd, Barh, Patna in connection with Bakhtiyarpur P.S. Case No.436 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

The personal appearance of the Investigating Officer of the case is dispensed with.

(Satyavrat Verma, J)

Prakash Narayan U T