Parma Nand Kumar v. the State of Bihar
Case brief
What is this about?
Patna High Court, Cr. Misc. No. 25990 of 2024, decided 18-10-2024 by Rajiv Roy, J. Anticipatory bail allowed in Pusa P.S. Case No. 132 of 2023 (Samastipur) under Sections 307 and 120(B)/34 IPC and Section 27 Arms Act. Key points: discrepancy between injured witness's statement and informant-father's FIR on who fired; petitioner had no criminal antecedent unlike co-accused Rahul Kumar (refused bail in Cr. Misc. No. 16318 of 2024); counsel's undertaking to appear diligently at trial; release on Rs. 10,000 bond with two sureties subject to Section 438(2) CrPC and additional conditions (fortnightly police attendance for six months, family-member bailor, no witness tampering). Useful for: parity/negative-parity arguments based on antecedents; weight of injured witness's version over informant's FIR in bail; standard bail conditions.
What did the court decide?
Anticipatory bail allowed: petitioner to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur/the court concerned, subject to Section 438(2) CrPC conditions and the five additional conditions enumerated in the order.