Subhash Paswan Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Subhash Paswan Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: on arrest or surrender before the learned trial court within six weeks, release on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Pipra P.S. Case No. 213 of 2023, subject to Section 438(2) Cr.P.C. conditions; confirmation made conditional on the trial court verifying the injury report of Abhimanyu (cancellation if grievous head injury, confirmation on same terms if simple).

Issue for consideration

Whether the petitioner, who apprehends arrest in Pipra P.S. Case No. 213 of 2023 (District Supaul) registered for offences under Sections 371, 342, 323, 384, 504, 354B, 379 and 34 of the Indian Penal Code, should be granted anticipatory bail under Section 438 Cr.P.C.

Court's answer

In the event of the petitioner's arrest or surrender before the learned trial court within six weeks, he is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned trial court, in connection with Pipra P.S. Case No. 213 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Before confirming the provisional anticipatory bail bonds, the learned trial court shall verify the injury report of Abhimanyu: if he is found to have suffered grievous injury on head, the provisional anticipatory bail bonds shall be cancelled; if the injury is simple, the provisional anticipatory bail bonds shall be confirmed on the same terms and conditions.

Detailed headnote1 paragraphs

Anticipatory bail — petitioner apprehending arrest in Pipra P.S. Case No. 213 of 2023 (Thana Pipra, District Supaul), registered under Sections 371, 342, 323, 384, 504, 354B, 379 and 34 of the Indian Penal Code — allegation of assaulting Abhimanyu Kumar by an iron rod causing injury on head — case diary and final injury report, called for by order dated 8-2-2024, not received (office report dated 6-3-2024); injury report admittedly not on record — provisional anticipatory bail granted on arrest or surrender before the trial court within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C. — confirmation made conditional on the trial court verifying the injury report: provisional bail to be cancelled if grievous head injury found, confirmed on same terms if injury simple.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4607 of 2024

Arising Out of PS. Case No.-213 Year-2023 Thana- PIPRA District- Supaul

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

Subhash Paswan S/O Shivchandra Paswan @ Shivchand Paswan R/O VillagePathra, Ward No. 03, P.S- Pipra, Distt.- Supaul.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Kuldeep Kumar For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 25-04-2024

1. Heard learned counsel for the petitioner and

learned A.P.P. for the State, Mr. Rabindra Kumar.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 371, 342, 323, 384, 504, 354B, 379 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases. It is next submitted that in the nature of allegation as alleged in the FIR, prima facie no offence under Section 371 of the IPC is made out. It is further submitted that allegation against the petitioner is of assaulting Abhimanyu Kumar by an iron rod causing injury on head.

4. It is next submitted that by order dated 8-2-2024, case diary along with final injury report was called for. It is next submitted that till date case diary and final injury report have

Patna High Court CR. MISC. No.4607 of 2024(3) dt.25-04-2024 2/3

not been received as would manifest from the office report dated 6-3-2024. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that blow was not repeated.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is alleged to have assaulted Abhimanyu by an iron rod causing injury on head but then fairly submits that the injury report of the injured is not available on record.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pipra P.S. Case No. 213 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned trial court before confirming the provisional anticipatory bail bonds of the petitioner shall verify the injury report of Abhimanyu and in the event, if it is

Patna High Court CR. MISC. No.4607 of 2024(3) dt.25-04-2024 3/3

found that he suffered grievous injury on head in that event, the provisional anticipatory bail bonds of the petitioner shall be cancelled but if the injury is simple in that event the provisional anticipatory bail bonds of the petitioner shall be confirmed on same terms and conditions.

(Satyavrat Verma, J)

SUMIT/-

U T