Allowed

Akash Kumar v. The State Of Bihar

Patna HC14 Aug 2013CR. MISC./25036/2013

Case brief

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What is this about?

Patna High Court granted bail to the petitioner in the second attempt, directing him to furnish a bond with two sureties and remain physically present before the court below, citing flaws in the previous refusal regarding recovered evidence.

What did the court decide?

Petitioner enlarged on bail by furnishing bond of Rs. 10,000/- with two sureties of like amount; condition to remain present physically before the court below.

Akash Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

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Patna High Court Cr.Misc. No.25036 of 2013 (2) dt.14-08-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25036 of 2013

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Akash Kumar S/O Shiv Shankar Mahto Resident of Mohalla- Kalibari Road, P.S.- Mithanpura, District- Muzaffarpur

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.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER

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The State Of Bihar

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2 14-08-2013 Heard learned counsel for the petitioner

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and learned Additional Public Prosecutor for the State.

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This is second attempt on behalf of the petitioner. Earlier, petitioner’s prayer was refused vide order dated 5^th April 2013 passed in Cr. Misc. No. 50372/2012 on the submission that “nothing recovered either from possession or at the instance of petitioner nor he was ever put on Test Identification Parade. Further, he is in custody having no criminal antecedent.” But, as submitted and evident from the order of the court below that bail bond of the petitioner was not accepted on the ground that in para 17 to 25 and 49 of the case diary, there is mention of recovery of stolen bike from petitioner and his associates, but this interpretation appears not correct and as is further evident other conditions imposed have not been tested by the court below giving inference that the petitioner stood on all such tests.

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In view of the above, let the above named

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Patna High Court Cr.Misc. No.25036 of 2013 (2) dt.14-08-2013

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petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri

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Mithilesh Kumar, Judicial Magistate 1^st Class, Muzaffarpur, in connection with Mithanpura P.S. Case No. 127/2012 , with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

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(Akhilesh Chandra, J)

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Rajeev/-

Akash Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Akash 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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