Dismissed

Binit Mishra Alias Boldu v. the State of Jharkhand

Jharkhand HC12 Jun 2023B.A./739/2023

Case brief

AI extract

What is this about?

In a bail application before the High Court of Jharkhand, the petitioner, a police constable accused of using a service revolver during a private dispute, was denied bail. The court noted serious allegations of misuse of position and directed the lower court to conclude the trial within six months.

What did the court decide?

Bail of the petitioner is rejected; trial to be concluded within six months; liberty to renew bail application thereafter.

Binit Mishra Alias Boldu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 739 of 2023

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Binit Mishra @ Boldu @ Binit Kumar Mishra

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.... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Ms. Snehlika Bhagat, A.P.P. For the Informant : Mr. Sheo Kumar Singh, Advocate

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Order No.06 Dated : 12.06.2023

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Heard both the sides.

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The petitioner- Binit Mishra @ Boldu @ Binit Kumar Mishra is in custody since 31.10.2022 in connection with Daltonganj (Town) P.S. Case No. 363 of 2022 for the offence registered under Sections 323, 324, 326, 307 of the I.P.C. and Sections 27 and 35 of the Arms Act pending in the Court of learned Chief Judicial Magistrate, Palamau at Daltonganj.

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It is submitted by the learned counsel on behalf of petitioner that in the instant case F.I.R. is completely silent about the genesis or motive of offence. This petitioner was acquainted with the injured and the dispute was between Manish Tiwari and Guddu Tiwari. As a matter of fact, the injured had tried to snatch the service revolver of this petitioner who is Constable in Jharkhand Armed Police. There was accidental firing in the scuffle resulting in injury.

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Learned A.P.P. assisted by learned counsel on behalf of informant have opposed the prayer for bail. It is submitted that there was dispute between Guddu Tiwari and Anjan Tiwari and when the injured intervened in the dispute, he was shot by service revolver by this petitioner which has been stated by him in his statement in para 56 of the case diary.

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Petitioner is a police constable and there is serious allegation of using his service revolver in a private dispute between both sides.

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Considering the facts and circumstances of the case, the prayer for bail of the petitioner, is hereby, rejected.

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Learned Court below is directed to conclude the trial preferably within six months, petitioner shall thereafter be at liberty to renew the bail application.

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(Gautam Kumar Choudhary, J . )

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Anit

Binit Mishra Alias Boldu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Binit Mishra Alias Boldu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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