Allowed

Nishant Kumar v. The State Of Bihar

Patna HC24 Sept 2013CR. MISC./11123/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitioners Rishav Kumar and Nishant Kumar in a murder case, allowing release upon surrender on the condition of furnishing bonds and cooperating with investigation within twelve weeks.

What did the court decide?

Released on anticipatory bail subject to furnishing bail bonds and cooperating with the investigation for a period of twelve weeks.

Nishant Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2013)

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9340 of 2013 ======================================================
	Rishav Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.11123 of 2013 ====================================================== Nishant Kumar .... .... Petitioner/s
	Versus
	The State Of Bihar .. .... Opposite Party/s ======================================================
	CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
03/	24-09-2013 Heard learned counsels for the petitioners

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and the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

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It is alleged that son of the informant, namely, Kunal Kumar was a tenant in the house of Ram Babu Singh for pursuing his studies when the son of the informant informed the informant about ten days prior to the occurrence that Deepak Kumar (non-petitioner), petitioner Rishav Kumar and Guru Ji @ Rakesh Kumar are torturing him, hence, he wanted to shift to some other accommodation but in the meantime he was killed when on suspicion in the FIR aforesaid three persons were

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Patna High Court Cr.Misc. No.9340 of 2013 (3) dt.24-09-2013 2/4

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named while other petitioner Nishant Kumar was not

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named.

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It is submitted by learned counsel for the petitioner Rishav Kumar that only on suspicion the accusation has been levelled when the I.O. has not made verification with regard to the telephone conversation between the victim and the informant and even the wife of the informant, whose statement recorded in 111 of the case diary has not supported the accusation against the petitioner and the informant has admitted that no witnesses have given any clue when the informant reached at the place of occurrence.

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It is submitted by learned counsel for the petitioner Nishant Kumar that he was not named in the FIR. His name subsequently sprang up after two months of the institution of the case when the informant named this petitioner as one of the conspirators as his foot prints were found in the room where the victim was found dead. It is submitted that this petitioner being a tenant pursuing his studies in the same premises might had gone in the room after hearing about the occurrence when the wife of the informant has not supported the

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Patna High Court Cr.Misc. No.9340 of 2013 (3) dt.24-09-2013 3/4

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accusation against this petitioner and the victim did not

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made any complaint about the petitioner to the informant. Moreover, Deepak Kumar has been chargesheeted and the investigation has been kept pending against others.

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It is submitted by learned APP that there are circumstantial evidences against these petitioners on the basis of which the police is pursuing investigation, but it is not in dispute that the investigation has not been concluded.

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Statements have been made in para 11 and 19 that the petitioners have no criminal antecedent.

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Considering the fact that there is no eye witness to the occurrence and the suspicious nature of accusation, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai Town P.S. Case No. 360 of 2012, subject to the conditions as laid down

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Patna High Court Cr.Misc. No.9340 of 2013 (3) dt.24-09-2013 4/4

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under Section 438(2) of the Cr.P.C.

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The bail bonds of the petitioners shall be accepted on filing affidavit that they will regularly cooperate in the investigation. The said affidavit will be transmitted to the I.O. concerned by the learned court below. The non-cooperation in investigation will give liberty to the prosecution to file application for cancellation of the bail of the petitioners.

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(Dinesh Kumar Singh, J.)

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DKS/

Nishant Kumar v. The State Of Bihar

Case brief

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Nishant Kumar v. The State Of Bihar

Case brief

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