Allowed¶19

Rahul Kumar v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./40932/2024

Case brief

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What did the court decide?

Anticipatory bail: release on bail in the event of arrest or surrender before the learned Court below within 4 weeks, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, West Muzaffarpur, subject to conditions under Section 438(2) Cr.P.C. ¶19

Rahul Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Saraiya P.S. Case No. 124 of 2022 (registered under Sections 302, 201, 120(B), 34 of the Indian Penal Code read with section 27 of the Arms Act), should be released on anticipatory bail.

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Ratio / Principle

The petitioner was directed to be released on bail in the event of arrest or surrender before the learned Court below within a period of 4 weeks, on furnishing a bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, West Muzaffarpur, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner apprehended arrest in Saraiya P.S. Case No. 124 of 2022 dated 24.02.2022, an FIR alleging the murder of the informant's husband by six named accused, registered under Sections 302, 201, 120(B), 34 of the Indian Penal Code read with section 27 of the Arms Act. Counsel for the petitioner and the learned APP concurred that the petitioner was not named in the FIR and that no material had come against him in the case diary (per counsel, the only mention was of him being seen taking ganja with other accused). The Patna High Court (Dr. Anshuman, J) directed release on bail in the event of arrest or surrender before the learned Court below within 4 weeks, on a bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, West Muzaffarpur, subject to the conditions laid down under Section 438(2) Cr.P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40932 of 2024

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Arising Out of PS. Case No.-124 Year-2022 Thana- SARAIYA District- Muzaffarpur

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

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Rahul Kumar Son Of Shree Ram Sharma @ Shree Ram Thakur R/O- VillgeRepura Rampur Vishwanath, P.O.-jaintpur, P.S.- Saraiya, Distt.- Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar, Patna

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Adv. For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 28-08-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending arrest in connection with Saraiya P.S. Case No. 124 of 2022 dated 24.02.2022, lodged under Sections 302, 201, 120(B), 34 of the Indian Penal Code read with section 27 of the Arms Act.

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As per the prosecution, FIR has been lodged against six named accused persons against whom there is an allegation that they have killed the informant’s husband.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the FIR. Counsel further submits that on previous occasion, case diary has been called for and from the case diary as well as rejection order, no

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Patna High Court CR. MISC. No.40932 of 2024(3) dt.28-08-2024 2/2

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material has come against the petitioner save and except that the petitioner was seen taking ganja with other accused persons who have participated actively in the commission of crime. Counsel submits that the criminal antecedent of the petitioner is clean.

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Learned APP for the State on the other hand submits that the present petitioner is neither named in the FIR nor any material has come against him in the case diary.

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As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, West Muzaffarpur in connection with Saraiya P.S. Case No. 124 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Dr. Anshuman, J)

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Divyansh/-

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U T

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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