Raushan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Raushan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to the petitioner in connection with Didarganj P.S. Case No. 194 of 2023, effective upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City at Patna, subject to Section 438(2) Cr.P.C. conditions and subject to verification of criminal antecedents (order to lapse automatically if any other case is pending).

Issue for consideration

Whether the petitioner Raushan Kumar is entitled to pre-arrest bail in connection with Didarganj P.S. Case No. 194 of 2023.

Court's answer

Pre-arrest bail granted: considering the nature of the allegation in the F.I.R. and that the injury was not on a vital part of the body, having been caused in a fierce fight during a shradh ceremony without any intention to kill, the petitioner is directed to be released on pre-arrest bail in the event of arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

Operative direction: the petitioner is to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within four weeks from the date of the order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City at Patna.

Key takeaways

Condition attached to the bail order: the District Court is to verify the petitioner's criminal antecedents as stated in paragraph no. 3 of the bail application, and if any other case is found pending against the petitioner contrary to that statement, the order will lose its force automatically.ratio¶24

Detailed headnote1 paragraphs

Pre-Arrest Bail Granted — Patna High Court (Purnendu Singh, J.), CR. MISC. No.51290 of 2024, decided 23-08-2024: Petitioner Raushan Kumar sought pre-arrest bail in Didarganj P.S. Case No. 194 of 2023 (Sections 341, 323, 324, 307, 354A, 379, 427, 504, 506/34 IPC and Section 27 Arms Act), arising from a fierce fight during a shradh ceremony in which the informant was injured. Noting that the injury was not on a vital part of the body and was caused without any intention to kill, and that co-accused had already been granted bail (order dated 31.01.2024 in Cr. Miscellaneous No. 1497 of 2024), the Court directed release on pre-arrest bail upon arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions. The District Court was directed to verify the petitioner's criminal antecedents; the order stands automatically vitiated if any other case is found pending against him.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51290 of 2024

Arising Out of PS. Case No.-194 Year-2023 Thana- DIDARGANJ District- Patna

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

Raushan Kumar, Male, aged about 32 years, son of Ganesh Singh, Resident of village- Sukulpur, P.S.- Dildarganj, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 23-08-2024 Heard Mr. Dewanand Tiwari, learned counsel

appearing on behalf of the petitioner and Mr. Choubey Jawahar, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Didarganj P.S. Case No. 194 of 2023 registered for the offence punishable under Sections 341, 323, 324, 307, 354A, 379, 427, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the allegation made in the F.I.R., the informant had gone to participate in the shradh ceremony of his sister when the petitioner and other accused persons named in the F.I.R. had indulged into fierce fight and in the said incidence, the informant was injured.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.51290 of 2024(2) dt.23-08-2024 2/3

petitioner submitted that the injury sustained by the victim is simple in nature and the same has been caused without any intention. The injury is not on the vital part of the body. The doctor has opined the injury to be simple in nature. Other coaccused persons namely, Kamla Singh @ Kamlesh Prasad and Karan Kumar @ Bangali Singh, have already been granted bail by this Court vide order dated 31.01.2024 passed in Cr. Miscellaneous No. 1497 of 2024. Petitioner has clean antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

Considering the nature of allegation made in the F.I.R., as well as, the fact that from perusal of the impugned order, it appears that the injury is not on the vital part of the body and the same has been caused due to fierce fight during shradh ceremony which was without any intention to kill, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Patna City at Patna in connection

Patna High Court CR. MISC. No.51290 of 2024(2) dt.23-08-2024 3/3

with Didarganj P.S. Case No. 194 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

Niraj/-

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