Parmanand Chauhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Parmanand Chauhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners (Parmanand Chauhan and Rajesh Chauhan) in connection with Muffasil P.S. Case No. 151 of 2023: release upon arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar, subject to Section 438(2) Cr.P.C. conditions and additional conditions including appearance before the Trial Court on every date, fortnightly police-station attendance for six months, and abstention from tampering with witnesses/evidence.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Muffasil P.S. Case No. 151 of 2023 (registered under sections 342, 323, 147, 149, 307, 379 of the Indian Penal Code), are entitled to anticipatory bail.

Court's answer

Taking into account that the petitioners have no criminal antecedent, that there is a case and counter case (the petitioners' case being the earlier one, i.e., Muffasil P.S. Case No. 147 of 2023), and that the injury has been found to be simple in nature, the Court is inclined to grant them relief (anticipatory bail).

Ratio / Principle

The petitioners, in the event of arrest or surrender within four weeks from receipt of the order, are to 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 the learned C.J.M., Katihar, in connection with Muffasil P.S. Case No. 151 of 2023, subject to the conditions under Section 438(2) of the Cr.P.C. and five additional conditions (one bailor to be a family member with bona fide proof; mandatory trial-court attendance with cancellation of bail bond for two consecutive unexplained absences; fortnightly police-station attendance for six months; no inducement/threat to witnesses or tampering with evidence; desistence from fresh offences).

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.; oral order dated 09-04-2024 in Criminal Miscellaneous No.3756 of 2024) allows an anticipatory bail application by Parmanand Chauhan and Rajesh Chauhan arising out of Muffasil P.S. Case No. 151 of 2023, Thana Katihar Muffasil, District Katihar, registered on 13.07.2023 on the FIR of informant Jampa Devi under sections 342, 323, 147, 149, 307, 379 of the Indian Penal Code, alleging that on 09.07.2023 the informant's husband was assaulted and Rs. 50,000/- taken from his pocket. Bail is granted having regard to the petitioners having no criminal antecedent, the existence of a case and counter case (the petitioners' family's earlier Muffasil P.S. Case No. 147 of 2023, with the present FIR alleged to be a counterblast), and the injury near the eye being a small abrasion and simple in nature. Each petitioner, if arrested or surrendering within four weeks, is to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar, subject to conditions under Section 438(2) of the Cr.P.C. and further conditions including one family-member bailor with bona fide documentation, appearance on every trial-court date (failure on two consecutive dates without plausible reason entailing cancellation of the bail bond), fortnightly police-station attendance for six months, and abstention from witness inducement/tampering or fresh offences.