Jaswant Ram @ Yashwant Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Jaswant Ram @ Yashwant Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, if arrested or surrendering before the court below within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, Bihar, in connection with Barun P.S. Case No. 139 of 2017, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, who apprehends arrest in Barun P.S. Case No. 139 of 2017 registered for offences under Sections 147, 149, 341, 323, 324, 308, 504 IPC, should be granted anticipatory bail.

Court's answer

Anticipatory bail is allowed; in the event of arrest or surrender before the court below within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 139 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court – Petitioner apprehending arrest in Barun P.S. Case No. 139 of 2017 (Thana Barun, District Aurangabad) registered for offences punishable under Sections 147, 149, 341, 323, 324, 308, 504 of the Indian Penal Code – Prosecution case of assault on 27.08.2017 on the informant and his family members by F.I.R.-named accused including the petitioner, armed with lathi, axe and gadasa, whereby four persons sustained injuries – Defence: petitioner is an employee in CRPF and was present on duty at his place of posting at the relevant time; allegation of assault general and omnibus; injuries simple in nature; clean antecedent claimed – Held: anticipatory bail allowed; petitioner, in the event of arrest/surrender within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, Bihar, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54451 of 2024

Arising Out of PS. Case No.-139 Year-2017 Thana- BARUN District- Aurangabad

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

Jaswant Ram @ Yashwant Kumar S/o Dinesh Ram R/o vill - Dhuriya, P.S. - Barun, Distt. - Aurangabad, Bihar

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Rupa Kumari, Advocate For the Opposite Party/s : Mr. Rajendra Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 03-09-2024

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offences punishable under Sections 147, 149, 341, 323, 324, 308, 504 of the Indian Penal Code.

As per prosecution case, on 27.08.2017, while informant was sitting at his main door, in the meantime, all the F.I.R. named accused persons including this petitioner, armed with lathi , axe and gadasa , came and assaulted informant and his family members as a result of which four persons sustained injuries.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case as he is an employee in CRPF and at the relevant time, he was present on duty at the place of posting. Allegation of assault is general and

Patna High Court CR. MISC. No.54451 of 2024(2) dt.03-09-2024 2/2

omnibus and injuries allegedly caused by the accused persons are simple in nature. Petitioner claims clean antecedent.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, Bihar in connection with Barun P. S. Case No. 139 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Navya/-

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