Rajeev Yadav @ Rajeev Kumar v. The State of Bihar
Case brief
What is this about?
Anticipatory bail, Section 438(2) CrPC, Patna High Court, CRL. MISC. No.42472 of 2024, order dated 06-09-2024, Arun Kumar Jha, J; petitioner Rajeev Yadav @ Rajeev Kumar; Ballia P.S. Case No. 38 of 2024, Thana Baliya, District Begusarai; IPC Sections 341, 323, 325, 307, 379, 354, 34; grounds: improbable nature of accusation, superficial injuries of the victim, possibility of false accusation; defence contentions: no intention to cause death, Sections 379/354 allegations merely ornamental, injury reports showing simple injuries falsify rod/lathi/danda/pistol assault; conditions: arrest or surrender within eight weeks, bail bond Rs. 10,000 with two sureties of like amount to C.J.M. Begusarai, close-relative bailor, attendance on trial dates if required. Useful for S. 438 discretion where injury report shows superficial injuries and accusations appear improbable.
What did the court decide?
Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender within eight weeks of 06-09-2024, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Ballia P.S. Case No. 38 of 2024, subject to Section 438(2) CrPC conditions plus (i) one bailor to be a close relative of the petitioner and (ii) petitioner to remain present on every date fixed by the trial court if so required.