Ashok Kumar @ Ashok Yadav @ Ashok Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Ashok Kumar @ Ashok Yadav @ Ashok Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed for petitioner Nos. 2-4 (Dhanwanto Kunwar, Chinta Devi, Phoola Devi @ Neera Devi): enlargement on bail upon arrest or surrender before the court below within eight weeks, on bonds of Rs. 10,000/- each with two like sureties to the satisfaction of Ld. A.C.J.M.-VIIIth, Ara, subject to Section 438(2) Cr.P.C. conditions and two additional cancellation conditions; bail petition of petitioner No.1 (Ashok Kumar Yadav) rejected.

Issue for consideration

Whether anticipatory bail should be granted to the four petitioners apprehending arrest in connection with Ayar PS Case No.49 of 2024 (offences under Sections 115, 117(2), 126(2), 303(2) and 109/3(5), Bharatiya Nyay Sanhita, 2023). +1 more

Court's answer

The bail petition of petitioner No.1, Ashok Kumar Yadav, is rejected in view of the direct allegation that he caused head injury to the victim with an iron rod.

Ratio / Principle

The bail petitions of the lady petitioner Nos. 2, 3 & 4 (Dhanwanto Kunwar, Chinta Devi and Phoola Devi @ Neera Devi) are allowed, the allegations against them being general and omnibus in nature; they are directed to be enlarged on bail in the event of their arrest or surrender before the court below.

Key takeaways

Terms of enlargement: surrender/arrest before the court below within eight weeks of receipt/production of a copy of the order; bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M.-VIIIth, Ara, in connection with Ayar PS Case No.49 of 2024, subject to the conditions in Section 438(2) Cr.P.C. and two further conditions (cancellation of bonds if criminal antecedents were concealed, or if the statement regarding any previous bail petition is found wrong).ratio¶26

Detailed headnote1 paragraphs

Patna High Court, CRIMINAL MISCELLANEOUS No.81606 of 2024 (arising out of Ayar PS Case No.49 of 2024, District Bhojpur; FIR alleging offences under Sections 115, 117(2), 126(2), 303(2) and 109/3(5), Bharatiya Nyay Sanhita, 2023) - Oral order of Justice Jitendra Kumar, dated 04-12-2024, on an anticipatory-bail petition by four petitioners apprehending arrest. Per the FIR, accused Ashok Yadav and Tuntun Yadav assaulted the informant's husband, causing injury to his head and leg. Held: (i) bail petition of petitioner No.1, Ashok Kumar Yadav, REJECTED on the direct allegation that he caused the victim's head injury with an iron rod; (ii) bail petitions of lady petitioner Nos. 2-4 (Dhanwanto Kunwar, Chinta Devi, Phoola Devi @ Neera Devi) ALLOWED, the allegations against them being general and omnibus. Enlargement ordered on arrest/surrender before the court below within eight weeks, on bonds of Rs.10,000/- each with two like sureties to the satisfaction of Ld. A.C.J.M.-VIIIth, Ara, subject to Section 438(2) Cr.P.C. conditions and two further conditions (cancellation if criminal antecedents concealed or if the statement of no earlier bail application proves wrong). Counsel: Ritesh Verma for the petitioners; Raj Ballabh Singh, APP for the State.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81606 of 2024

Arising Out of PS. Case No.-49 Year-2024 Thana- AAYAR District- Bhojpur

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

Ashok Kumar @ Ashok Yadav @ Ashok Singh S/O Late Dinanath Yadav R/o Village- Barnaw, P.S- Ayar, District- Bhojpur

Dhanwanto Kunwar W/O Late Dinanath Yadav R/O Vill.- Maldah, Ward no.- 13 , P.S- Hasanpur, Dist.- samastipur

Chinta Devi W/o Ashok Kumar @ Ashok Yadav R/O Vill.- Maldah, Ward no.- 13 , P.S- Hasanpur, Dist.- samastipur

Phoola Devi @ Neera Devi W/o Tuntun Yadav R/O Vill.- Maldah, Ward no.13 , P.S- Hasanpur, Dist.- samastipur

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Verma, Advocate For the State : Mr. Raj Ballabh Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 04-12-2024 Heard Ld. counsel for the petitioners and Ld. APP for

the State.

The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Ayar PS. Case No.49 of 2024, registered for the offences punishable under Sections 115, 117(2), 126(2), 303(2) and 109/3(5) of the Bharatiya Nyay Sanhita, 2023.

The prosecution case as emerging from the FIR is that the accused Petitioner, Ashok Yadav and Tuntun Yadav have assaulted the victim/husband of the Informant causing injury on

Patna High Court CR. MISC. No.81606 of 2024(2) dt.04-12-2024 2/3

his head and leg.

Ld. counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that there is no specific allegation against the lady Petitioners.

It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

Considering the direct allegation against Ashok Kumar Yadav (Petitioner No.1) that he has caused head injury to the victim with iron rod, his bail petition is rejected . However, considering the general and omnibus nature of allegation against the lady Petitioner Nos. 2, 3 & 4 namely, Dhanwanto Kunwar W/o Late Dinanath Yadav, Chinta Devi W/o Ashok Kumar @ Ashok Yadav and Phoola Devi @ Neera Devi W/o Tuntun Yadav, their bail petition is allowed, directing the petitioners Dhanwanto Kunwar, Chinta Devi and Phoola Devi, to be enlarged on bail, in the event of their arrest or surrender before

Patna High Court CR. MISC. No.81606 of 2024(2) dt.04-12-2024 3/3

the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M.-VIII^th , Ara, in connection with Ayar PS. Case No.49 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.)

Chandan/-

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