Partly allowed¶31

Dhiraj Kumar v. The State of Bihar

Anticipatory bail – Patna High Court

Patna HC25 Sept 2024CR. MISC./58397/2024

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Case brief

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What is this about?

Anticipatory bail; Section 438 (2) Cr.P.C.; Sections 341, 323, 354, 379, 436, 504, 506, 34 IPC; Goraul P.S. Case No. 124 of 2024; Vaishali; compromise between parties; bail bond Rs.25,000/- with two sureties; petitioner no. 4 apprehended, application withdrawn; application partly allowed; Dhiraj Kumar; Dipak Kumar; Pappu Kumar; Ram Babu Rai; Naina Devi; Justice Anjani Kumar Sharan; Patna High Court; Criminal Miscellaneous No. 58397 of 2024.

What did the court decide?

Anticipatory bail granted to petitioners no. 1, 2, 3 and 5: release on bail upon arrest or surrender before the learned Court below within six weeks, on bail bond of Rs.25,000/- each with two like sureties, subject to Section 438 (2) Cr.P.C. conditions; application qua petitioner no. 4 dismissed as withdrawn. ¶31

Dhiraj Kumar 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 petitioners no. 1, 2, 3 and 5, who apprehend arrest in connection with Goraul P.S. Case No. 124 of 2024 (offences under Sections 341, 323, 354, 379, 436, 504, 506, 34 IPC), should be released on anticipatory bail. +1 more

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Court's answer

Having regard to the facts and circumstances of the case and the fact that there is compromise between the parties, petitioners no. 1, 2, 3 and 5 are to be released on bail, in the event of their arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned lower Court in connection with Goraul P.S. Case No. 124 of 2024, subject to the conditions laid down under Section 438 (2) of the Cr.P.C.

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Ratio / Principle

Permission to withdraw the application with regard to petitioner no. 4 is granted, and the application qua petitioner no. 4 is dismissed as withdrawn, he having already been apprehended by the police during pendency.

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Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court - Petitioners apprehending arrest in Goraul P.S. Case No. 124 of 2024, District Vaishali, for offences under Sections 341, 323, 354, 379, 436, 504, 506, 34 IPC - Petitioner no. 4 already apprehended during pendency; application qua him permitted to be withdrawn and dismissed as withdrawn - Having regard to the facts and circumstances and the compromise between the parties, petitioners no. 1, 2, 3 and 5 directed to be released on bail upon arrest or surrender within six weeks on bail bond of Rs.25,000/- each with two like sureties, subject to conditions under Section 438 (2) Cr.P.C. - Application partly allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58397 of 2024

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Arising Out of PS. Case No.-124 Year-2024 Thana- GORAUL District- Vaishali

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

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Dhiraj Kumar Son Of Ram Babu Rai R/O- Village- Khajechand Chhapra, P.S.- Goraul (KATAHAR O.P.), Distt.- Vaishali

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Dipak Kumar Son Of Ram Babu Rai R/O- Village- Khajechand Chhapra, P.S.- Goraul (KATAHAR O.P.), Distt.- Vaishali

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Pappu Kumar Son Of Ram Babu Rai R/O- Village- Khajechand Chhapra, P.S.- Goraul (KATAHAR O.P.), Distt.- Vaishali

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Ram Babu Rai Son Of Late Hira Rai R/O- Village- Khajechand Chhapra, P.S.- Goraul (KATAHAR O.P.), Distt.- Vaishali

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Naina Devi Wife Of Ram Babu Rai R/O- Village- Khajechand Chhapra, P.S.- Goraul (KATAHAR O.P.), Distt.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar, Adv. Mr. Rajeev Ranjan No.II, Adv. For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 25-09-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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Learned counsel for the petitioners seeks

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permission to withdraw this application with regard to petitioner no. 4 submitting that during pendency of this application the petitioner no. 4 has already been apprehended by the police.

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Permission is granted.

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Accordingly, this application with regard to

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petitioner no. 4 is dismissed as withdrawn.

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Patna High Court CR. MISC. No.58397 of 2024(2) dt.25-09-2024 2/3

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Now, this application is being heard only with regard to petitioners no. 1, 2, 3 and 5.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 436, 504, 506, 34 of the Indian Penal Code.

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As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his family members.

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Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that there is compromise between the parties. He next submits that petitioner and the informant are own brothers and the occurrence took place due to some land dispute. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes prayer for anticipatory bail.

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Having regard to the facts and circumstances of

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Patna High Court CR. MISC. No.58397 of 2024(2) dt.25-09-2024 3/3

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the case and the fact that there is compromise between the parties, let the above named petitioners no. 1, 2, 3 and 5, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 the learned lower Court where the case is pending/successor Court in connection with Goraul P.S. Case No.124 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, this application is partly allowed.

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(Anjani Kumar Sharan, J)

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anand/- U T

Dhiraj Kumar v. The State of Bihar

Case brief

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Dhiraj Kumar v. The State of Bihar

Case brief

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