Patna High Court
MD. KAMRULversusTHE STATE OF BIHAR
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to petitioners 2 and 3 because only general allegations existed against them and they possessed clean antecedents, satisfying the criteria under Section 438(2) CrPC.
Summary
The petitioners, Kamrul, Sakina and Mahena, were implicated in a case (Baisi P.S. Case No.232 of 2023) for offences under Sections 143, 341, 323, 308, 354(b), 379, 504 and 506/34 of the IPC. An anticipatory bail application was filed, but the petitioner Kamrul (Petitioner No.1) sought to withdraw his part of the application. The court dismissed the application as withdrawn against Kamrul. The remaining petitioners, Sakina and Mahena, faced only general and omnibus allegations and had clean antecedents. Considering these facts, the court allowed anticipatory bail for them, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- What is the appropriateness of granting anticipatory bail to petitioners 2 and 3 under the circumstances of the case?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 143, 308, 323, 341, 354(b), 379, 504, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 438
- clean antecedent
- general allegation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48360 of 2024
Arising Out of PS. Case No.-232 Year-2023 Thana- BAISI District- Purnia
======================================================
1. MD. KAMRUL SON OF MD. ZABBAR
2. SAKINA @ SAKINA KHATOON WIFE OF MD. KAMRUL
3. MAHENA @ RAHENA @ RAHENA KHATOON DAUGHTER OF MD.
KAMRUL.
ALL RESIDENT OF VILLAGE - GHUSKI TOLA, P.S. - BAISI,
DISTRICT - PURNIA
... ... Petitioners
Versus
THE STATE OF BIHAR
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Bidhu Ranjan, Advocate
For the State : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Baisi P.S. Case No.232 of 2023 for the offence punishable
under Sections 143, 341, 323, 308, 354(B), 379, 504, 506/34 of
the Indian Penal Code.
3. Learned counsel for the petitioner seeks
permission to withdraw this bail application on behalf of
petitioner no.1, above named.
4. Accordingly, this bail application is
dismissed as withdrawn as against the petitioner no.1, above
named.
Patna High Court CR. MISC. No.48360 of 2024(3) dt.24-02-2026
2/2
5. The petitioners are said to have assaulted the
father of the informant.
6. Considering the fact that there is general and
omnibus allegation against the petitioner nos.2 and 3 and they
have clean antecedent, this application is allowed.
7. Let the petitioner nos.2 and 3, above named,
in the event of their arrest/surrender within six weeks from
today in the Court below, be released 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 the learned Chief
Judicial Magistrate, Purnia / concerned Court below, in
connection with Baisi P.S. Case No.232 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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