Shankar Rai @ Shankar Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Shankar Rai @ Shankar Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: on arrest or surrender before the Court below within six weeks, petitioner to be released on bail in Morhowrah P.S. Case No. 769 of 2023 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Saran at Chapra, subject to the conditions laid down in Section 438(2) CrPC, 1973.

Issue for consideration

Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner who apprehends arrest in connection with Morhowrah P.S. Case No. 769 of 2023 (Sections 341, 323, 307 and 379/34 IPC).

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks from the date of the order, the petitioner shall be released on bail in Morhowrah P.S. Case No. 769 of 2023.

Ratio / Principle

Bail is to be secured on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Saran at Chapra.

Key takeaways

The release on bail is subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court (Khatim Reza, J), Criminal Miscellaneous No. 32869 of 2024, decided 23-08-2024, arising out of Morhowrah P.S. Case No. 769 of 2023 dated 10.12.2023, District Saran, instituted under Sections 341, 323, 307 and 379/34 IPC. Allegation: petitioner assaulted the informant on the middle part of the head with intention to kill him. Petitioner pleaded innocence and false implication, citing previous enmity and a case-counter case: counter case being Morhowrah P.S. Case No. 761 of 2023 dated 08-12-2023 lodged by the petitioner under Sections 147, 149, 341, 323 and 504 IPC against the informant and others; occurrence stated to stem from a dispute over cultivation of the field and sowing of vegetables in petitioner's land; FIR alleged to have been lodged after a delay of two days without plausible explanation. Injury report at paragraph 19 of the case diary showed two injuries on the informant (lacerated wound over scalp and pain right side of chest); injury No. 1 was opined simple in nature on final assessment and injury No. 2 was not attributed to the petitioner; petitioner disclosed one prior criminal case filed by the informant's brother. Learned A.P.P. opposed the prayer. Application allowed: in the event of arrest or surrender before the Court below within six weeks, petitioner to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Saran at Chapra, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32869 of 2024

Arising Out of PS. Case No.-769 Year-2023 Thana- MADHAURAH District- Saran

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

Shankar Rai @ Shankar Ray Son of Kishundev Rai @ Vishundev Ray Resident of Village- Bauara Patti, P.S.- Morhowrah, Dist.- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Satya Prakash Sinha, Adv. For the Opposite Party/s : Mr.Anil Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 23-08-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends arrest in connection with Morhowrah P.S. Case No. 769 of 2023 dated 10.12.2023 instituted for the offence punishable under Sections 341,323,307, and 379/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted on the middle part of the head of the informant with intention to kill him.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. There is previous enmity between the parties. There is a case and counter case between the parties. The counter case bearing Morhowrah P. S. Case No. 761 of 2023 dated

Patna High Court CR. MISC. No.32869 of 2024(4) dt.23-08-2024 2/3

08-12-2023 has been lodged by petitioner under Sections 147, 149, 341,323 and 504 of the Indian Penal Code against the informant and others. It is submitted that occurrence took place due to dispute with regard to cultivation of the field and sowing of vegetables in petitioner’s land. It is also submitted that the present case has been lodged by the informant after delay of two days without plausible explanation. From perusal of the injury report, mentioned in paragraph No. 19 of the case diary, it transpires that the doctor has found two injuries on the person of injured ( informant) i.e., one lacerated wound over scalp 2 ½ long 1/6 wide lower deep and second one is pain right side of chest. The Doctor has opined injury No.1 as simple in nature upon final assessment and regarding injury No.2 is not attributed to the petitioner. Lastly, it has been submitted that petitioner has one criminal case against him which was filed by the brother of the informant.

Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon

Patna High Court CR. MISC. No.32869 of 2024(4) dt.23-08-2024 3/3

furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Saran at Chapra, in Morhowrah P.S. Case No. 769 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure,1973.

The application stands allowed.

(Khatim Reza, J)

shyambihari/-

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