Allowed

Binod Kumar @ Binod Kumar Singh v. The State of Bihar

Patna HC18 Jan 2025CR. MISC./71768/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case under various IPC sections alleging attempt to fire at the informant and assault with pistol butt. Court noted general and omnibus allegations, simple injuries, and pre-arrest bail to similarly placed co-accused, and allowed the prayer subject to Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail: on arrest/surrender within eight weeks, petitioners enlarged on bail with Rs.10,000 bond and two sureties each, subject to Section 438(2) CrPC conditions.

Binod Kumar @ Binod Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71768 of 2024

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Arising Out of PS. Case No.-352 Year-2021 Thana- NADI P.S. District- Patna

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

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Binod Kumar @ Binod Kumar Singh S/o Late Laddu Rai R/O VILLAGEJETHULI, P.S.- NADI, DISTRICT- PATNA

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Sudhir Kumar S/o Binod Kumar @ Binod Kumar Singh R/O VILLAGEJETHULI, P.S.- NADI, DISTRICT- PATNA

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Rahul Rathour, Advocate For the Opposite Party/s : Mr.Parmanand Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 18-01-2025 Heard learned counsels for the parties.

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The petitioners apprehend arrest in a case registered

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for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 307, 504 and 506 of the Indian Penal Code.

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As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, tried to fire from their pistol upon the informant but could not fire. It is further alleged that all the accused persons abused and assaulted informant and his mother by means of butt of pistol.

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It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Allegation of assault is

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Patna High Court CR. MISC. No.71768 of 2024(3) dt.18-01-2025 2/2

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general and omnibus and no specific overt act has been alleged against these petitioners. Moreover, doctor has found the injuries sustained by the injured to be simple in nature. Coaccused, with similar allegation, have already been allowed prearrest bail by this Court vide order passed in Cr.Mis.No. 63771/2024 and 64104/2024.

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Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.

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Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to these petitioners is allowed. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st class, Patna City, in connection with Nadi P.S. Case No. 352 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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shashi/-

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U T

Binod Kumar @ Binod Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binod Kumar @ Binod Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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