Dismissed¶24

Guddu Kumar v. The State of Bihar

Patna HC11 Dec 2024CR. MISC./48695/2024

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.48695 of 2024, order dt. 11-12-2024, Guddu Kumar v. The State of Bihar; anticipatory bail application REJECTED; Motipur P.S. Case No. 319 of 2022 dated 02.09.2022, District Muzaffarpur; IPC ss 341, 323, 324, 307, 302, 504 r/w Section 34; informant's father died of head injury per post mortem; surrender within six weeks ordered; Court below to consider bail same day without prejudice; co-accused regular bail order dated 25.07.2023, Cr. Misc. No. 43759 of 2023; Judge: Chandra Prakash Singh.

What did the court decide?

No relief granted; anticipatory bail refused. Petitioner directed to surrender to the Court below within six weeks from the date of the order, and the Court below to consider his bail prayer on the same day without prejudice. ¶24

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

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether anticipatory bail should be granted to petitioner Guddu Kumar, who is apprehending arrest in connection with Motipur P.S. Case No. 319 of 2022 (ss 341, 323, 324, 307, 302, 504 r/w s. 34 IPC), in which the informant's father allegedly died after an assault.

¶13

Court's answer

Considering the facts and circumstances and the nature of allegation levelled against the petitioner, no case for grant of anticipatory bail is made out; the petition is rejected.

¶20

Ratio / Principle

The petitioner is directed to surrender before the Court below within six weeks, and the Court below shall consider his bail prayer on the same day without being prejudiced by this order.

¶22

Detailed headnote1 paragraphs

Anticipatory bail refused — Guddu Kumar, Criminal Miscellaneous No.48695 of 2024 (Patna High Court, Justice Chandra Prakash Singh, order dt. 11-12-2024). Applicant apprehended arrest in Motipur P.S. Case No. 319 of 2022 dated 02.09.2022, registered under ss 341, 323, 324, 307, 302, 504 r/w s. 34 IPC, arising from an alleged attack in which the applicant and co-accused, armed with an iron rod and spade, assaulted the informant's father, who died during hospital treatment. Counsel pleaded innocence, general and omnibus allegation, underlying land dispute, nothing recovered from the applicant, clean antecedents, and parity with a similarly situated co-accused granted regular bail on 25.07.2023 in Cr. Misc. No. 43759 of 2023; the A.P.P. relied on the post-mortem finding that death was due to head injury and the applicant's active involvement. The Court held that no case for grant of anticipatory bail was made out, rejected the application, directed the petitioner to surrender within six weeks, and instructed the Court below to consider his regular bail prayer the same day without prejudice.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48695 of 2024

¶2

Arising Out of PS. Case No.-319 Year-2022 Thana- MOTIPUR District- Muzaffarpur

¶3

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

¶4

Guddu Kumar S/o Ramesh Rai Resident of Village Moresandi, P.S. - Motipur, Distt. - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh, Adv For the Informant : Mr. Rajeev Ranjan, Adv : Mr. Bhubneshwar Mahto, Adv For the Opposite Party/s : Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶10

ORAL ORDER

¶11

4 11-12-2024

¶12

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶13

The petitioners is apprehending his arrest in a case

¶14

in connection with Motipur P.S. Case No. 319 of 2022 dated 02.09.2022 registered for the offence/s punishable u/ss 341, 323, 324, 307, 302, 504 read with Section 34 of the Indian Penal Code.

¶15

As per the prosecution case, the petitioner and the co-accused persons holding iron rod, spade came to the door of the informant and started abusing. On being objected, all the accused persons assaulted the informant’s father with spade and iron rod with intent to kill causing injury. The informant’s father

¶16

Patna High Court CR. MISC. No.48695 of 2024(4) dt.11-12-2024 2/3

¶17

was taken to the hospital and during the course of treatment, his father died.

¶18

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that there is land dispute between the parties. Nothing has been recovered from the possession of the petitioner. Similar situated co-accused person has already been granted regular bail by this Court vide order dated 25.07.2023 passed in Cr. Misc. No. 43759 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

¶19

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner by submitting that as per the post mortem report, the cause of death is due to head injury and the petitioner is actively involved in the said occurrence.

¶20

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from

¶21

Patna High Court CR. MISC. No.48695 of 2024(4) dt.11-12-2024 3/3

¶22

the date of this order and the Court below shall consider the prayer of the bail of the petitioner on the same day without

¶23

being prejudice by this order.

¶24