Hansraj Kumar @ Hans Raj Kumar Vishwas v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 120(B), 302, 328, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA Mr. Vikram Singh, Advocate Mr. Shailendra Kumar, APP ORAL ORDER 2 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Dagarua P.S. Case No. 26 of 2024 instituted under Sections 120(B), 302, 34, 328, 504 and 506 of the Indian Penal Code.
As per the prosecution case, the petitioners asked the informant to send his son to work with them in Punjab. The allegation against the petitioners is that they had killed the son of the informant and brought him in an ambulance in front of Patna High Court CR. MISC. No.31271 of 2024(2) dt.21-05-2024 Bajrangwali temple near the village Dodhria. It is alleged that petitioners have undertaken to compensate the informant as per panchayati but failed to comply the same.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that the petitioners are co-villagers who had helped to bring the dead body of the victim on Ambulance but the informant after about two months later filed the complaint case against the petitioners with the ulterior motive. He also submits that there is no post-mortem report to suggest that the victim was murdered. The allegation that the petitioners had assured to give the compensation is an after-thought. Petitioners have no criminal antecedent and undertake to co- operate in the investigation.
Learned A.P.P. for the State opposes the prayer for anticipatory bail.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Patna High Court CR. MISC. No.31271 of 2024(2) dt.21-05-2024 Chief Judicial Magistrate, Purnea/ Concerned Court Below in connection with Dagarua P.S. Case No. 26 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. ashishkr/- U T (Sunil Dutta Mishra, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.