Allowed¶22

Binod Kumar Prajapati @ Binod Prajapati v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./51921/2024

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 438 Cr.P.C.; Patna High Court; Criminal Miscellaneous No.51921 of 2024; Buxar Muffashil PS Case 107/2024; Sections 341, 323, 308, 504, 506, 34 IPC; Section 27 Arms Act; simple injuries; lathi assault; general and omnibus allegation; clean antecedent; C.J.M. Buxar; bail bond Rs. 25,000; Binod Kumar Prajapati; Manoj Kumar Prajapat; Purnendu Singh, J.

What did the court decide?

Pre-arrest bail granted to both petitioners in connection with Buxar (Muffashil) P.S. Case No. 107 of 2024, on bail bond of Rs. 25,000 each with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, subject to Section 438(2) Cr.P.C. conditions; order to lapse automatically if antecedent declaration proves untrue. ¶22

Binod Kumar Prajapati @ Binod Prajapati Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to be released on pre-arrest bail in connection with Buxar (Muffashil) P.S. Case No. 107 of 2024.

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Court's answer

Considering the rival submissions and the nature of allegations - lathi assault causing simple, non-vital injuries by petitioner no. 1 and general and omnibus allegation against petitioner no. 2 - together with their clean antecedents, the petitioners have prima facie made out a case to be released on pre-arrest bail.

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Ratio / Principle

The petitioners are 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. 25,000 each with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, subject to the conditions under Section 438(2) of the Cr.P.C.

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Key takeaways

The District Court is directed to verify the criminal antecedents stated in paragraph no. 3 of the bail application; if any other case is pending against the petitioners beyond what was so stated, this order will lose its force automatically.ratio¶23

Detailed headnote1 paragraphs

Pre-arrest bail (Patna High Court, Purnendu Singh, J., 28-08-2024) granted to Binod Kumar Prajapati @ Binod Prajapati and Manoj Kumar Prajapat @ Manoj Kumar in Buxar (Muffashil) P.S. Case No. 107 of 2024 registered under Sections 341, 323, 308, 504, 506, 34 IPC and Section 27 of the Arms Act. Specific allegation against petitioner no. 1 is lathi assault on the informant and his father resulting in simple injuries not on vital parts; petitioner no. 2 faces only general and omnibus allegation; both claimed clean antecedents. Bail fixed at Rs. 25,000/- bond each with two like sureties to the satisfaction of the C.J.M., Buxar, within four weeks of arrest/surrender, subject to Section 438(2) Cr.P.C.; the District Court was directed to verify the antecedent declaration, failing which the order automatically lapses.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51921 of 2024

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Arising Out of PS. Case No.-107 Year-2024 Thana- BUXAR MUFFSIL District- Buxar

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

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Binod Kumar Prajapati @ Binod Prajapati, Male, aged about 30 years.

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Manoj Kumar Prajapat @ Manoj Kumar, Male, aged about 35 years, Both of Son of Late Shambhu Prajapti, Resident of Village- Banarpur, P.S.- Buxar (Muffashil), District- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Dimpal Kumari, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 28-08-2024 Heard Ms. Dimpal Kumari, learned counsel appearing on behalf of the petitioners and Mr. Bharat Lal, learned APP for the State.

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The petitioners seek pre-arrest bail in connection with Buxar (Muffashil) P.S. Case No. 107 of 2024, registered for the offence punishable under Sections 341, 323, 308, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the allegation made in the FIR, all the accused persons including the petitioners, had entered into the house of the informant and assaulted the informant and his father brutally. Specific allegation of assault is against one

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Patna High Court CR. MISC. No.51921 of 2024(2) dt.28-08-2024 2/3

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Munna @ Sanjay Kumar Prajapati and Moti Yadav, who had opened fire upon the informant.

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Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that specific allegation against the petitioner no. 1 is that of assaulting the informant and his father by means of lathi on different part of the body, however, injuries sustained by the informant and his father, are simple in nature and not on the vital part of the body. So far as, petitioner no. 2 is concerned, general and omnibus allegation has been levelled against him. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.

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

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Considering the rival submissions made on behalf of the parties, as well as, the fact that allegation against the petitioner no. 1 is that of assaulting the informant and his father by means of lathi on different part of the body, however, injuries sustained by the informant and his father, are simple in nature and not on the vital part of the body. So far as, petitioner no. 2 is concerned, general and omnibus allegation has been levelled

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Patna High Court CR. MISC. No.51921 of 2024(2) dt.28-08-2024 3/3

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against him. Petitioners have clean antecedent. I am of the opinion that petitioners have, prima facie , made out a case to be released on pre-arrest bail.

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The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, in connection with Buxar (Muffashil) P.S. Case No. 107 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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The District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph

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no. 3, this order will lose its force automatically.

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(Purnendu Singh, J)

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Niraj/-

Binod Kumar Prajapati @ Binod Prajapati v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binod Kumar Prajapati @ Binod Prajapati 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

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