Rahul Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, CR. MISC. No.32681 of 2024, decided 22-05-2024 by Hon'ble Mr. Justice Rajiv Roy (oral order). Anticipatory bail application allowed under Section 438(2) Cr.P.C. in case under sections 356, 379 IPC (Digha P.S. Case No. 875 of 2023, FIR dated 05.11.2023 by informant Kiran Devi, District Patna). Grounds urged: unexplained three-day delay in lodging FIR despite occurrence near Digha Police Station; counsel's submission that petitioner is mentally unsound. Conditions: family-member bailor with bona fide document, presence on all trial dates, fortnightly police-station attendance for six months, no witness tampering; bail bond Rs. 10,000 with two sureties of like amount.
What did the court decide?
Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to Section 438(2) Cr.P.C. conditions and further conditions (one bailor a family member with bona fide document; appearance on every trial date failing which bail bond cancellable; fortnightly police-station attendance for six months; no inducement/threat to witnesses or tampering with evidence; desistance from further offences).