Allowed¶16

Deepak Kumar Singh v. the State of Bihar

Patna HC19 Feb 2024CR. MISC./4697/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) CrPC; IPC Sections 147, 427, 435, 436; cognizance taken differing from police charge sheet; alleged setting on fire of informant's measurement centre (per counsel's submission); Tajpur (Bangra) P.S. Case No.97/2011; District Samastipur; Patna High Court CR. MISC. No.4697 of 2024; Justice Satyavrat Verma; bail bond Rs.10,000 with two sureties of like amount; six-week window to arrest/surrender; J.M. 1st Class Samastipur.

What did the court decide?

Anticipatory bail granted: release in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar, J.M. 1st Class, Samastipur, subject to the conditions laid down under Section 438(2) Cr.P.C. ¶16

Deepak Kumar Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Tajpur (Bangra) P.S. Case No.97/2011, should be granted anticipatory bail.

¶11

Court's answer

Considering the submissions made by the learned counsel for the petitioner, the petitioner is to be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar, J.M. 1st Class, Samastipur, in connection with Tajpur (Bangra) P.S. Case No.97/2011, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶16

Detailed headnote1 paragraphs

Anticipatory bail - granted. Patna High Court (Satyavrat Verma, J) allowed CR. MISC. No.4697 of 2024 (Deepak Kumar Singh v. State of Bihar), dt. 19-02-2024. Petitioner apprehended arrest in Tajpur (Bangra) P.S. Case No.97/2011 (District Samastipur), registered under Sections 147, 427, 435 and 436 IPC; police had charge-sheeted only under Sections 147, 427 and 435 IPC, while the learned Magistrate, differing with the police report in a mechanical manner, took cognizance including under Section 436 IPC. The Court, considering the petitioner's submissions (clean antecedents; allegation of setting fire to the measurement centre; informant not an eyewitness), directed that on arrest or surrender before the learned Court below within six weeks the petitioner be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar, J.M. 1st Class, Samastipur, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4697 of 2024

¶2

Arising Out of PS. Case No.-97 Year-2011 Thana- TAJPUR District- Samastipur

¶3

====================================================== DEEPAK KUMAR SINGH S/O MITHILESH KUMAR SINGH R/O VILLAGE- AWABAKARPUR, P.S- N.H BANGARA, DISTT.SAMASTIPUR.

¶4

... ... Petitioner/s

¶5

Versus

¶6

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Adv. Ms. Kanchan Kumari, Adv. Mr. Chaitanya Swaroop, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ======================================================

¶7

... ... Opposite Party/s

¶8

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶9

2 19-02-2024

¶10

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶11

The petitioner apprehends his arrest in connection with Tajpur (Bangra) P.S. Case No.97/2011 registered for the offence punishable under Sections 147, 427, 435 and 436 of the Indian Penal Code.

¶12

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of setting on fire the measurement center of the informant. It is next submitted that the police after investigation submitted charge sheet under sections 147, 427 and 435 of the Indian Penal Code, which amply demonstrates that nothing during the course of investigation transpired which could attract section 436 of the Indian Penal Code but the learned Magistrate differing with the police report in

¶13

Patna High Court CR. MISC. No.4697 of 2024(2) dt.19-02-2024 2/2

¶14

a mechanical manner took cognizance of the offence under sections 147, 427, 435 and 436 of the Indian Penal Code. It is next submitted that even presuming what has been alleged is true without admitting then from perusal of the allegation as alleged in the F.I.R. it would manifest that the allegations are based on surmises and conjecture and informant is not an eyewitness to the occurrence.

¶15

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶16

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 Court below 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 Sri Santosh Kumar, J.M. 1^st Class, Samastipur in connection with Tajpur (Bangra) P.S. Case No.97/2011, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶17

(Satyavrat Verma, J)

¶18

amit/-

¶19

U T

Deepak Kumar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jagu Mahato Vs the State of Bihar

Umesh Sah Vs The State of Bihar

Manoj Chaudhary Vs The State of Bihar

Gunja Kumari @ Gunja Devi Vs The State of Bihar

Rajesh Yadav @ Rajesh Kumar Vs the State of Bihar

Kapildeo Sharma @ Kapil Sharma Vs The State of Bihar