Allowed¶21

Saurabh Kumar @ Saurav Suman v. the State of Bihar

Patna HC17 Feb 2024CR. MISC./7028/2024

Case brief

AI extract

What is this about?

Anticipatory bail — Section 438 CrPC — IPC Sections 147, 427, 435, 436 — Tajpur (Bangra) P.S. Case No. 97 of 2011, Samastipur — Hasanpur Sugar Mill weighing center — damage and arson allegations — general and omnibus allegations — possibility of false implication — bail bond Rs. 10,000 with two sureties — CR. MISC. No.7028 of 2024 — decided 17-02-2024.

What did the court decide?

Application allowed: anticipatory bail granted to the petitioner — upon arrest or surrender before the concerned court within eight weeks, release on bail on bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to Section 438(2) CrPC conditions, one bailor being a close relative of the petitioner, and presence on each date fixed if required by the trial court. ¶21

Saurabh Kumar @ Saurav Suman 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 petitioner, apprehending arrest in connection with Tajpur (Bangra) P.S. Case No. 97 of 2011 (Sections 147, 427, 435, 436 IPC), is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure.

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Court's answer

Anticipatory bail granted: having regard to the non-specific nature of the allegations against the petitioner and the possibility of false implication, the petitioner is to be released on bail in the event of arrest or surrender within eight weeks.

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Ratio / Principle

Bail directed on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Samastipur/concerned court, subject to the conditions under Section 438(2) CrPC, with one bailor being a close relative and attendance on dates fixed by the trial court if required.

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Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J.), by order dated 17-02-2024 in CR. MISC. No.7028 of 2024, allowed the petitioner's application for pre-arrest bail in connection with Tajpur (Bangra) P.S. Case No. 97 of 2011, District Samastipur, registered under Sections 147, 427, 435, 436 IPC, arising out of the alleged damage to and burning of the weighing center of Hasanpur Sugar Mill. According to the prosecution, the petitioner and other accused damaged the center, removed articles and set it on fire; the defence contended the allegations were general and omnibus, that the occurrence date was Holika Dahan and local boys burnt an old hut near the spot, and that persons were implicated due to old enmity. Holding that the allegations were non-specific with a possibility of false implication, the Court directed that in the event of arrest or surrender within eight weeks the petitioner be released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to the conditions of Section 438(2) CrPC, with one bailor a close relative and attendance on dates fixed by the trial court if so required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7028 of 2024

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Arising Out of PS. Case No.-97 Year-2011 Thana- TAJPUR District- Samastipur

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

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SAURABH KUMAR @ SAURAV SUMAN SON OF SATENDRA KUMAR SINGH @ SATENDRA SINGH RESIDENT OF VILLAGE - AWABAKARPUR, P.S. - N.H. BANGRA, DISTRICT - SAMASTIPUR

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR B	IHAR
===================	... ... Opposite Party/s ===================================
Appearance :
For the Petitioner/s : : :	Mr.Shyameshwar Kumar Singh, Adv. Ms. Kanchan Kumari, Adv. Mr/Ms. Chaitanya Swaroop, Adv.
For the Opposite Party/s : ===================	Mr.Dinesh Singh, APP ===================================
CORAM: HONOURABL	E MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

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2 17-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In this case, the petitioner is apprehending his

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arrest in connection with Tajpur (Bangra) P.S. Case No. 97 of 2011 registered for the offences under Sections 147, 427, 435, 436 of Indian Penal Code.

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As per prosecution case, petitioner and other accused persons damaged the property of the weighing center of Hasanpur Sugar Mill and took away a number of articles from there. Thereafter they set on fire the said center.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

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Patna High Court CR. MISC. No.7028 of 2024(2) dt.17-02-2024 2/3

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case on the basis of suspicion. There is no specific allegation against the petitioner and the allegations are general and omnibus. As a matter of fact the alleged date of occurrence was a day of Holika Dahan and the said center was old hut and it was near the spot of Holia Dahan. Some local boys burnt the said hut and the petitioner has been falsely implicated in this case. There is no eye witness to the alleged occurrence and the witnesses have not supported the prosecution case. It has also come during investigation that there was old enmity between the informant and one Brijnandan Singh and for this reason a number of persons have falsely been implicated in this case and police submitted final form in respect of Brijnandan Singh, Bidhnath Singh, Rahul and Rohit Kumar and due to this previous enmity the petitioners and others have been dragged in this false case.

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Learned APP vehemently opposes the submission made on behalf of the petitioner.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering non-specific nature of allegation against the petitioner with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned

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Patna High Court CR. MISC. No.7028 of 2024(2) dt.17-02-2024 3/3

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within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Samastipur/court concerned in connection with Tajpur (Bangra) P.S. Case No. 97 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:-

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(I) One of the bailors will be a close relative of the petitioner.

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(II) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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amitkr/-

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U T

Saurabh Kumar @ Saurav Suman v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Saurabh Kumar @ Saurav Suman 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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