Allowed¶6

Shailesh Kumar @ Vyas v. The State of Bihar

Patna HC17 Feb 2024CR. MISC./5541/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Sections 323, 324, 307, 379/34 Indian Penal Code; snatching of gold chain and cash; five masked accused; knife assault; Mashrakh P.S. Case No. 313 of 2021 dated 13.06.2021; Saran district; A.C.J.M.-VIIth Saran at Chapra; bail bond Rs. 10,000 with two sureties; omnibus allegations; no criminal antecedent; A.P.P. opposition; Patna High Court; Khatim Reza, J.; order dated 17-02-2024.

What did the court decide?

Anticipatory bail in the event of arrest/surrender in Mashrakh P.S. Case No. 313 of 2021, upon furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-VIIth, Saran at Chapra, subject to the conditions under Section 438(2) of the Cr.P.C. ¶6

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5541 of 2024

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Arising Out of PS. Case No.-313 Year-2023 Thana- MASHRAK District- Saran

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

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Shailesh Kumar @ Vyas S/O Birendra Rai Resident Of Village- Karn Kudariya, P.S.- Mashrakh, District- Saran Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Avinash Kumar Pandey For the Opposite Party/s : Mr.Raj Kishor Singh

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

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 17-02-2024

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

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2. The petitioner apprehends arrest in connection with Mashrakh P.S. Case No. 313 of 2021 dated 13.06.2021, instituted for the offence punishable under Sections 323, 324, 307 and 379/34 of the Indian Penal Code.

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3. The prosecution case, in short, is that on the date of occurrence while informant's son was sleeping, five masked accused persons came and assaulted him with knife resulting into several injuries and lastly, the petitioner is said to have snatched his gold chain and cash.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the present F.I.R. has been lodged

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Patna High Court CR. MISC. No.5541 of 2024(2) dt.17-02-2024 2/2

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against three accused persons. From perusal of F.I.R., the only allegation against the petitioner is of snatching gold chain and cash of the informant's son. Other allegations against the petitioner is general and omnibus. It is further submitted that there is no allegation of assault against the petitioner. Lastly, it has been submitted that he has no criminal antecedent.

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5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Mashrakh P.S. Case No. 313 of 2021, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIIth, Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C..

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(Khatim Reza, J)

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prabhat/-

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Shailesh Kumar @ Vyas v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shailesh Kumar @ Vyas 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

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