Akash Prasad Kesri Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Akash Prasad Kesri Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail to all three petitioners upon arrest or surrender within four weeks before the learned court below, on bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, whose anticipatory bail was earlier rejected on 19.05.2022, should now be released on anticipatory bail in connection with Muffasil (Motihari) P.S. Case No. 175 of 2021 in view of the informant's compromise application and the admitted nature of the suicide.

Court's answer

Anticipatory bail granted: the petitioners, in the event of arrest or surrender within four weeks before the learned court below, are 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 the learned C.J.M., East Champaran at Motihari, in connection with Muffasil (Motihari) P.S. Case No. 175 of 2021, subject to the conditions under Section 438(2) Cr.P.C.; the court was influenced by the informant's compromise application expressing the petitioners' innocence.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Nawneet Kumar Pandey, J., order dated 26-07-2024) to three petitioners in connection with Muffasil (Motihari) P.S. Case No. 175 of 2021, arising out of the suicide of the deceased, a video clip of whom alleging atrocities by members of his sasural had gone viral. Although the petitioners' earlier anticipatory bail application (Cr. Misc. No. 56512/2021) was rejected on 19.05.2022, the court allowed the fresh application on the ground that the informant had filed a compromise application expressing the petitioners' innocence and that it was an admitted case of suicide. Bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 30367 of 2023

Arising Out of PS. Case No.-175 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran

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

AKASH PRASAD KESRI SON OF MAHESH PRASAD KESARI RESIDENT OF VILLAGE - DAROGA TOLA, KOLUHARWA, P.S. - TOWN MOTIHARI, DISTT. - EAST CHAMPARAN

VIKAS PRASAD KESARI SON OF MAHESH PRASAD KESARI RESIDENT OF VILLAGE - DAROGA TOLA, KOLUHARWA, P.S. - TOWN MOTIHARI, DISTT. - EAST CHAMPARAN

MAHESH PRASAD KESARI SON OF LATE RAMJI SAH RESIDENT OF VILLAGE - DAROGA TOLA, KOLUHARWA, P.S. - TOWN MOTIHARI, DISTT. - EAST CHAMPARAN

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Priyanka Singh For the Opposite Party/s : Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

9 26-07-2024

Heard learned counsel for the petitioners as well as

learned APP for the State.

As per allegation, the deceased committed suicide and a video clip became viral in which the deceased was stating that members of his sasural were committing atrocities on him.

Learned senior counsel for the petitioners submits that though the anticipatory bail of the petitioners was rejected vide order dated 19.05.2022 in Cr. Misc. No.

Patna High Court CR. MISC. No. 30367 of 2023(9) dt.26-07-2024 2/2

56512/2021, but fresh ground is that when the informant realized the real fact, he compromised the case. His further submission is that it is an admitted case of suicide.

Considering the above-mentioned facts and circumstances and also considering that the informant himself has filed compromised application expressing the innocence of the petitioner, let the petitioners, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Muffasil (Motihari) P.S. Case No. 175 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

SONALI/- U T