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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner, conditioned on arrest/surrender before the learned trial court within six weeks, furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; bail bonds cancellable by the trial court if the Investigating Officer reports non-cooperation in the investigation despite the petitioner's assurance to the court.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Karai Parsurai P.S. Case No. 71 of 2023, registered for offences punishable under Sections 147, 149, 341, 342, 323, 325, 307 and 379 of the Indian Penal Code, with Section 302 of the IPC subsequently added. +1 more

Court's answer

The petitioner, in the event of his arrest or surrender before the learned trial court within a period of six weeks, shall be released on 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 trial court where the case is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

If the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this court, is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

Detailed headnote1 paragraphs

PATNA HIGH COURT — CRIMINAL MISCELLANEOUS No.4617 of 2024 (Satyavrat Verma, J.) dt. 25-04-2024: Anticipatory bail granted to petitioner Gorakh Bind, who apprehended arrest in Karai Parsurai P.S. Case No. 71 of 2023 (District Nalanda), initially registered for offences punishable under Sections 147, 149, 341, 342, 323, 325, 307 and 379 IPC, with Section 302 IPC subsequently added. Per counsel for the petitioner, an altercation with the informant (who was allegedly indulging in liquor-selling) led to mutual assault; the informant's mother fell unconscious and died during treatment; altogether 12 named accused were implicated with general and omnibus allegations, with no specific allegation as to who assaulted the deceased, who per counsel suffered only two injuries. Bail was granted conditioned on arrest or surrender before the learned trial court within six weeks, furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.; the trial court is at liberty to cancel the bail bonds if the Investigating Officer files an application reporting that the petitioner, despite assuring the High Court, is not cooperating in the investigation. A copy of the order was directed to be sent to the concerned police station through the trial court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4617 of 2024

Arising Out of PS. Case No.-71 Year-2023 Thana- KARAI PARSURAI District- Nalanda

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

Gorakh Bind S/O Dularchand Bind Village- Phullipar, Ps. Karai Parsurai, Dist. Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Sinha For the Opposite Party/s : Mr.Brajendra Nath Pandey ====================================================== 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.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 325, 307 and 379 of the Indian Penal Code but subsequently Section 302 of the IPC was added.

3. The learned counsel for the petitioner submits that petitioner is person with clean antecedent. It is next submitted that petitioner had an altercation with the informant as he was indulging in selling of liquor and on account of altercation, both sides assaulted each other and the mother of the informant fell down and became unconscious and during the course of treatment died. It is further submitted that altogether 12 named accused persons have been implicated in the instant case with

Patna High Court CR. MISC. No.4617 of 2024(3) dt.25-04-2024 2/3

general and omnibus allegations. It is also submitted that there is no specific allegation that who assaulted the mother of the informant. It is next submitted that from perusal of the order impugned, it would manifest that the deceased suffered only two injuries as such if twelve accused would have assaulted her whether the deceased would have suffered only two injuries.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that one person has died and in the event if the privilege of anticipatory bail is granted to the petitioner in that event, the petitioner may abscond, on which the learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation.

5. 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 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 Karai Parsurai P.S. Case No. 71 of 2023, subject to the conditions as laid down

Patna High Court CR. MISC. No.4617 of 2024(3) dt.25-04-2024 3/3

under Section 438 (2) of the Cr.P.C.

6. However, in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this court, is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

7. Let a copy of this order be sent to concerned Police Station through the learned trial court.

(Satyavrat Verma, J)

SUMIT/-

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