Mere Exhortation to kill doesn’t form the grounds for arresting the accused while the accused have not committed any overt act: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 382220 Arising Out of PS. Case No. 413 Year 2020 Thana SONEPUR District Saran 1. Akhilesh Chaudhary @ Akhileshwar Prasad Chaudhary Male aged about 68 years Son of Late Jaglal Chaudhary. 2. Avishek Kumar @ Abhishek Kumar Chaudhary Male aged about 28 years Son of Akhilesh Chaudhary @ Akhileshwar Prasad Chaudhary Saurav Kumar Chaudhary Male aged about 25 years Son of Akhilesh Chaudhary @ Akhileshwar Prasad Chaudhary All are resident of Village Gheghta PS Sonepur District Saran The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Mr. Udit Narayan Singh Advocate Mr. Ashok Kumar Singh No. 1 APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27 08 2021 The matter has been heard via video conferencing. 2. Heard Mr. Udit Narayan Singh learned counsel for the petitioners and Mr. Ashok Kumar Singh No. 1 learned Additional Public Prosecutoreach with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Saran at Chapra in Sonepur PS Case No. 4120 subject to Patna High Court CR. MISC. No.382220 dt.27 08 2021 the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners andthat they shall co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of their bail bonds 10. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners 11. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: Petitioners alleged of assault granted bail after establishing the grounds that they were only a part of exhortation and had not committed any overt act by themselves. The Court considered the matter and passed the order of granting bail keeping in consideration the act and that they had no other criminal antecedent. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Akhilesh Chaudhary and Ors. v. The State of Bihar[Criminal Miscellaneous No. 38228 of 2020].  The facts of the case were that the petitioners were apprehended arrest in connection to a case registered under Sections 147, 148, 149, 341, 323, 324, and 307 of the Indian Penal Code. It was alleged against the petitioner that he has committed the assault on the informant and other persons. It is specified that he had exhorted to kill on which the co-accused that he had attacked with Hasuli on the victim, who had sustained injuries on the neck and had fallen. Another co-accused has been alleged of causing injuries on the neck, hands, and back. The Learned Counsel of the Petitioner has submitted that there exists a counter case for the same which has been instituted by the Petitioner’s son as against the informant and others under Section 342, 323, 324, and 504/34 of the Indian penal Code. The Petitioner’s side had suffered injuries caused by the dagger. Also, there exist no specific allegations against the Petitioner No. 2 and 3 and hence, they were just a part of the mob present during the incident. They further added that the only allegation against Petitioner No. 1 is that he had exhorted to kill but no overt act has been attributed to him. The Additional Public Prosecutor contended that the Petitioners had a common intention of assaulting the informant and others. However, it wasn’t controverted that he had only been alleged of exhortation. Hence, no overt act has been alleged. The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the fact that the petitioner no. 1 is said to have only extorted others to kill the informant and there being no overt act alleged against petitioners no. 2 and 3 and all the petitioners having no other criminal antecedent, the Court is inclined to allow the prayer for pre-arrest bail.” The petition hence stood disposed of on the terms and conditions of the bail.