Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, on arrest/surrender before the court below within six weeks, to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 739 of 2023, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Rahul Kumar, who apprehends arrest in PS Case No. 739 of 2023 (Thana Bihar, District Nalanda), registered for offences punishable under Sections 341, 323, 337, 307, 385, 427, 379, 504, 506/34 of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case and the petitioner's clean antecedent, the court allowed the anticipatory bail application and ordered that the petitioner, in the event of his arrest/surrender before the court below within a period of six weeks, be enlarged on bail.

Ratio / Principle

The enlargement on bail is conditioned on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 739 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANTED. The Patna High Court (Prabhat Kumar Singh, J), by oral order dated 24-04-2024 in Cr. Misc. No. 24877 of 2024, allowed anticipatory bail to Rahul Kumar s/o Tari Gop, who apprehended arrest in Bihar P.S. Case No. 739 of 2023 (Thana Bihar, District Nalanda), registered for offences punishable under Sections 341, 323, 337, 307, 385, 427, 379, 504, 506/34 of the Indian Penal Code. Considering the facts and circumstances of the case and the petitioner's clean antecedent, the court directed that in the event of arrest/surrender before the court below within six weeks the petitioner be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Counsel for the petitioner had submitted that the petitioner was arraigned merely as owner of the tractor involved, that the occurrence arose from a scuffle between the tractor driver and the informant, and that the injuries were simple in nature; the learned A.P.P. for the State had opposed the application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24877 of 2024

Arising Out of PS. Case No.-739 Year-2023 Thana- BIHAR District- Nalanda

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

Rahul Kumar Son Of Tari Gop Vill -Nakatpura p.s. -Bihar District - Nalanda

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Sujata Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 24-04-2024

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offences punishable under Sections 341, 323, 337, 307, 385, 427, 379, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons assaulted the informant with bracelet (kada) and took Rs. 4,700/- cash from his auto rickshaw.

It is submitted on behalf of the petitioner that though the F.I.R. has been lodged against three accused persons and one driver of the tractor but petitioner has been made accused in this case merely because he happens to be owner of the tractor in question. As a matter of fact, there was some scuffle between the driver of the tractor and the informant which resulted in the alleged occurrence. Injuries sustained by the

Patna High Court CR. MISC. No.24877 of 2024(2) dt.24-04-2024 2/2

injured are simple in nature. Petitioner claims clean antecedent.

Learned A.P.P. for the State vehemently opposed

the bail application.

Considering the facts and circumstances of the case and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P. S. Case No. 739 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Navya/-

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