Suraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Suraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: release on bail in the event of arrest or surrender before the Court below within thirty days from the date of receipt of the order, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438 (2) of the Code of Criminal Procedure, in connection with Islampur No. 439 of 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Islampur P.S. Case No. 439 of 2023 registered under Sections 323, 341, 325, 307, 379, 504 and 506/34 IPC, are entitled to anticipatory bail.

Court's answer

Anticipatory bail allowed: on arrest or surrender before the court below within thirty days of receipt of the order, the petitioners are to be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Patna High Court (Justice Sunil Dutta Mishra), oral order dated 23-02-2024 in CRIMINAL MISCELLANEOUS No.8399 of 2024: anticipatory bail allowed to three petitioners apprehending arrest in Islampur P.S. Case No. 439 of 2023 (District Nalanda), registered for offences under Sections 323, 341, 325, 307, 379, 504 and 506/34 IPC over the alleged assault on the informant, her son and husband with iron rod and lathi. Petitioners, if arrested or surrendering before the court below within thirty days of receipt of the order, to be released on bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, subject to Section 438 (2) CrPC conditions. Bail allowed weighing counsel's contentions (innocence and false implication; case and counter case between the parties; petitioners patidars with a property dispute; altercation in which both sides sustained injuries; FIR lodged after three-day delay without reason; no criminal antecedent; undertaking to cooperate) against the learned APP's opposition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8399 of 2024

Arising Out of PS. Case No.-439 Year-2023 Thana- ISLAMPUR District- Nalanda

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

Suraj Kumar, S/o Anil Singh, R/o Village - Kobil, P.S. - Islampur, Dist. - Nalanda

Santosh Singh, S/o Birendra Singh, R/o Village - Kobil, P.S. - Islampur, Dist. - Nalanda

Anil singh, S/o Tapeshwar Singh, R/o Village - Kobil, P.S. - Islampur, Dist. - Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Nawal Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 23-02-2024

Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Islampur P.S. Case No. 439 of 2023 registered for the offences punishable under Sections 323, 341, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is that they have assaulted the informant and her son and husband with iron rod and lathi due to which they have sustained injuries.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is case and counter case between the parties. Petitioners are patidars and there is property dispute between

Patna High Court CR. MISC. No.8399 of 2024(2) dt.23-02-2024 2/2

them. It is further submitted that an altercation took place between the parties in which both the parties sustained injuries. The FIR in the present has been lodged after delay of three days without any reason. Petitioners have no criminal antecedent and undertake to cooperate in the investigation.

Learned APP opposes the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Islampur No. 439 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J)

khushbu/-

U T