Allowed

Niketan Mishra Alias Niketan Kumar Mishra v. The State Of Jharkhand

Jharkhand HC18 May 2018B.A./142/2018

Case brief

AI extract

What is this about?

Court released the petitioner accused of kidnapping and murder on bail. Despite the grave charges of murder, the lack of eye-witnesses to the occurrence and the fact that the body was not recovered on the petitioner's confession led the High Court to direct his release upon furnishing a bond with sureties.

What did the court decide?

Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.

Niketan Mishra Alias Niketan Kumar Mishra Vs… — Murder and Culpable Homicide | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 142 of 2018

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Niketan Mishra @ Niketan Kumar Mishra ... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s).

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN .

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For the Petitioner(s) :Mr. Abhishek Kr. Dubey, Advocate. For the State : A.P.P.

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8/18.05.2018:

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Heard the learned counsel for the parties.

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The petitioner is an accused for the offence punishable under Sections 364/34 and 302/120B of the Indian Penal Code.

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It is alleged that the brother of the informant was kidnapped and thereafter he was murdered. The dead body was found.

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Counsel for the petitioner submits that there is no eye witness to the said occurrence. He further submits that only material, which has been gathered by the Investigating Officer, is that the petitioner and others were seen sitting in a Car along with the deceased. He also submits that there was business relation between the petitioner and the deceased and there was no enmity between them. He further submits that the dead body was not recovered on the confessional statement of this petitioner.

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Learned A.P.P opposes the prayer for bail of the petitioner but admits that the petitioner was a land broker and there was a business relation between the deceased and the petitioner. The deceased used to object the illegal acts of the petitioner. The deceased was last seen in the company of the petitioner. He also admits that dead body of the deceased was not recovered on the confessional statement of this petitioner.

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In view of the aforesaid facts, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Niketan Mishra @ Niketan Kumar Mishra, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-II, Deoghar, in connection with Deoghar P.S. Case No. 38/2003, corresponding to G.R. No. 109/2003 (Session Case No. 177 of 2017).

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(ANANDA SEN , J.)

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Anu/-C.P.-3

Niketan Mishra Alias Niketan Kumar Mishra v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Niketan Mishra Alias Niketan Kumar Mishra v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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