Ganesh Rai v. The State of Bihar

Patna HC1 May 2024CR. MISC./23834/2024

Case brief

AI extract

What is this about?

Anticipatory bail; pre-arrest bail; Section 438(2) Code of Criminal Procedure; Sections 341, 323, 325, 307, 34 IPC; Kuchaikote P.S. Case No. 599 of 2023; Gopalganj; knife injuries; simple injuries; thrust of allegation against co-accused Mritunjay Singh; bail bond Rs.10,000 with two sureties; A.C.J.M-I Gopalganj; Arun Kumar Jha; Patna High Court; CRIMINAL MISCELLANEOUS No.23835 of 2024; decision dated 01-05-2024.

What did the court decide?

Anticipatory bail — release upon arrest or surrender within eight weeks on bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Gopalganj in connection with Kuchaikote P.S. Case No. 599 of 2023, subject to Section 438(2) CrPC conditions and two additional conditions (one bailor a close relative; presence on every date fixed by the trial court).

Ganesh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Kuchaikote P.S. Case No. 599 of 2023 for offences under Sections 341, 323, 325, 307 and 34 IPC.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court concerned within eight weeks, the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Gopalganj, subject to Section 438(2) CrPC conditions, with one bailor being a close relative of the petitioner and the petitioner remaining present on each and every date fixed by the trial court if so required.

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Ratio / Principle

Reasoning for grant: the thrust of the allegation is against the co-accused Mritunjay Singh; the allegation against the petitioner is not so serious, and the injuries on the left hand were found to be simple in nature and of small dimensions.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, oral order dated 01-05-2024, Arun Kumar Jha, J) to Rameshawar Rai @ Rameshwar Singh, apprehending arrest in Kuchaikote P.S. Case No. 599 of 2023 (District Gopalganj) registered for offences under Sections 341, 323, 325, 307 and 34 of the Indian Penal Code. Prosecution alleged that co-accused Mritunjay Singh stabbed the informant's son thrice in the abdomen and that the petitioner, father of the co-accused, gave knife blows causing three simple injuries on the son's left hand. Noting that the thrust of the allegation lay against the co-accused, that the allegation against the petitioner was not so serious, and that the left-hand injuries were simple and of small dimensions, the Court directed that upon arrest or surrender within eight weeks the petitioner be released on bail on a bond of Rs.10,000/- with two sureties of like amount to the satisfaction of learned A.C.J.M-I, Gopalganj, subject to Section 438(2) CrPC conditions, with one bailor to be a close relative and attendance on every date fixed by the trial court if required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23835 of 2024

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Arising Out of PS. Case No.-599 Year-2023 Thana- KUCHAIKOTE District- Gopalganj

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

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Rameshawar Rai @ Rameshwar Singh S/o Rajballaf Singh R/o Karmaini Gaji, P.S. - Kuchaikote, Distt. - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 01-05-2024

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Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State.

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In the present case, the petitioner is apprehending his arrest in connection with Kuchaikote P.S. Case No. 599 of 2023, registered on 08.12.2023 for the offences under Sections 341, 323, 325, 307 and 34 of the Indian Penal Code.

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As per the prosecution case, co-accused persons tried to snatch the keys of motorcycle of the son of the informant on gun point and when he opposed their act, the coaccused Mritunjay Singh assaulted him thrice in his abdomen with knife causing bleeding and injuries. Thereafter, the petitioner who is father of the co-accused instead of stopping his son also gave knife blows to the son of the informant causing three injuries in his left hand.

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Patna High Court CR. MISC. No.23835 of 2024(2) dt.01-05-2024 2/4

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The present case is completely false and concocted. There is no eye witness to the occurrence and from the F.I.R. it also appears that informant has also not seen the occurrence. Due to rivalry between two families the informant has lodged the present case. The case has been registered after ten days from the date of occurrence, this creates doubt over the prosecution case. The F.I.R. does not show any reasons for the occurrence. Learned counsel further submits the son of the informant is a criminal and he might have received the injuries in a state of intoxication and fight with unknown persons. Moreover, the injury report shows that the injuries are simple in nature though caused by a sharp cutting weapon. Learned counsel further submits that the allegation over the petitioner is of causing injuries over the left arm of the son of the informant and only two skin deep injuries of superficial dimensions were found. Learned counsel further submits that petitioner has been made accused in three cases.

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Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that specific allegation against the petitioner that he

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Patna High Court CR. MISC. No.23835 of 2024(2) dt.01-05-2024 3/4

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gave knife blows on the left hand of the son of the informant. Though injuries are stated to be simple all are caused by sharp cutting weapon.

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Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the thrust of allegation is against the co-accused Mritunjay Singh and the allegation against the petitioner is not so serious and the injuries on the left hand has been found to be simple in nature and are having small dimensions, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Gopalganj in connection with Kuchaikote P.S. Case No. 599 of 2023, subject to the condition laid down under Section 438(2) of the code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each

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Patna High Court CR. MISC. No.23835 of 2024(2) dt.01-05-2024 4/4

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and every date fixed by the below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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anuradha/- U T

Ganesh Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ganesh Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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