Patna High Court
Ashok Kumar @ Ashok RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, no incriminating evidence existed against the petitioners and therefore granted anticipatory bail.
Summary
The petitioners, four fathers from Chhota Jhauan, were named in an FIR for alleged murder (IPC §§302, 201 & 34) of the daughter of petitioner No.1. They contended that the FIR was false, filed out of personal enmity with the informant whose grandson had previously been imprisoned. The informant was not an eyewitness and the deceased had no relation to him. The State opposed anticipatory bail, but the court found no prima facie incriminating material against the petitioners, noting their clean antecedents and the hostile background. Consequently, the court ordered anticipatory bail, directing the petitioners to surrender within four weeks and furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. in view of the allegations under IPC §§302, 201 & 34.
- Whether the FIR is a false implication arising from personal enmity, thereby lacking sufficient grounds for arrest.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- false FIR
- personal enmity
- IPC 302
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65512 of 2024
Arising Out of PS. Case No.-343 Year-2023 Thana- AWTARNAGAR District- Saran
======================================================
1. Ashok Kumar @ Ashok Rai Son of Shankar Prasad @ Shankar Rai Village-
Chhota Jhauan Ps- Awatarnagar Dist- Saran
2. Binod Rai @ Binod Kumar Rai Son of Late Shivnath Prasad Rai @
Shivnath Rai Village- Chhota Jhauan Ps- Awatarnagar Dist- Saran
3. Abhishek Rai @ Abhishek Raj Son of Birendra Ray Village- Chhota Jhauan
Ps- Awatarnagar Dist- Saran
4. Sanjeet Kumar Son of Brij Kishor Rai @ Brajkishor Ray Village- Chhota
Jhauan Ps- Awatarnagar Dist- Saran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Awatarnagar P.S.
Case No. 343 of 2023 registered for the offences punishable
under Sections 302, 201 & 34 of the Indian Penal Code.
3. As per FIR, informant raised suspicion that he might
be implicated with the present false case for the death of
daughter of petitioner no. 1 who was alleged to be kidnapped
by the grand-son of the informant prior to this occurrence for
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the purpose of illicit intercourse/marriage.
4. Learned counsel appearing on behalf of the
petitioners submitted that alleged FIR is appearing much like
an informatory petition qua false implication with the present
occurrence in the background of previous enmity as the
deceased is nowhere related with the informant.
5. It is submitted that to take revenge of earlier case
where the grand-son of petitioner no.1 was sent to jail, when
the daughter of petitioners died due to Diarrhea after
attending marriage party, taking advantage of the situation
the present false case was lodged by the informant. It is
submitted that informant is not the eye witness of the
occurrence. Petitioners claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie save and except
suspicion nothing incriminating appears against petitioners,
who are none but the parents of the deceased, coupled with
the fact that admittedly informant has inimical terms with the
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petitioners prior to lodging of this case, accordingly, all above-
named petitioners, in the event of their arrest/surrender
within a period of four weeks from this order, are directed to
be enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) each with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate - 1 st
Class, Saran at Chapra/concerned court in connection with
Awatarnagar P.S. Case No. 343 of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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