Allowed

Madan Kumar v. The State Of Bihar

Patna HC9 Oct 2013CR. MISC./19507/2013

Case brief

AI extract

What is this about?

The Patna High Court enlarged the petitioner on bail in a case instituted under Section 365/34 of the Penal Code. The court noted the petitioner had no criminal antecedents and was in custody since January 29, 2013, allowing release upon furnishing a bail bond and sureties subject to specified conditions.

What did the court decide?

The petitioner was released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.

Madan Kumar Vs The State Of Bihar — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19507 of 2013 ====================================================== Madan Kumar S/O Subhash Rai @ Doman Rai R/O Mohalla- Sarifaganj, P.S.- Malsalami, District- Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 09-10-2013 Heard learned counsel for the petitioner and Ms. Indu Bala Pandey, APP for the State.

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Petitioner seeks bail in a case instituted under Section 365/34 of the Penal Code.

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As per the prosecution case, the husband of the informant was returning home on 5.1.13 by a tempo. He left the auto at Guru-Ka-Bagh Malsalami and thereafter became traceless. The informant made hectic search and thereafter reported the matter to the police on 6.1.13.

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Learned counsel for the petitioner submits that the FIR has been lodged against unknown. In course of investigation, it has been revealed that the petitioner using the mobile phone of his mother had called on 7488014617 which belonged to one Subhash Rai. The said mobile was subsequently recovered from the possession of the daughter of Subhash Rai. The evidence

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Patna High Court Cr.Misc. No.19507 of 2013 (3) dt.09-10-2013

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further is that from the said mobile set call was made to the victim on 13.1.13. It has, thus, been contended that there is no direct evidence against the petitioner. The petitioner is lodged in jail custody since 29.1.13. The petitioner has no criminal antecedent whatsoever.

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Considering the facts and circumstances of the case particularly the fact that the petitioner is in custody since 29.1.2013 having no criminal antecedent, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patnacity , in connection with Malsalami P.S. Case No. 08 of 2013, subject to the following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner. (ii) Once the charges are framed in the trial, the petitioner shall appear in person before the trial Court on each date. In case of default in such appearance on two consecutive dates

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Patna High Court Cr.Misc. No.19507 of 2013 (3) dt.09-10-2013

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the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

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The case diary received in the case be transmitted to the Court below immediately.

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(Kishore Kumar Mandal, J)

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Shyam/-

Madan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Madan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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