Allowed

Ashwini Kumar v. The State Of Bihar

Patna HC8 Jul 2014CR. MISC./14171/2014

Case brief

AI extract

What is this about?

In bail proceedings under Sections 395/397 IPC for an FIR filed on 28.10.2013, the Patna High Court released the petitioner upon furnishing bonds. The Court relied on the confession of an accomplice identifying the petitioner merely as a custodian of stolen money without knowing its source or purpose.

What did the court decide?

Petitioner released on bail upon furnishing bonds of Rs. 10,000 with two sureties of the like amount.

Ashwini Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 14171 of 2014

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Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPUR District- AURANGABAD ====================================================== Ashwini Kumar Son of Sri Krishna Deo Singh Resident of Village - Belhari, P.S. - Daudnagar, District – Aurangabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ajay Kumar Thakur & Mr. Malay Kumar Choudhary, Advocates. For the Opposite Party : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 08-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Madanpur P.S. Case No. 173 of 2013 dated 28.10.2013 instituted for offence punishable under Sections 395/397 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the F.I.R. is against unknown and lateron one Rakesh Giri @ Bhim Singh @ Baba has been apprehended who has confessed to the crime and also given details of the role of his associates. It is submitted that the petitioner is not named as one of the associates in the crime rather no role has been assigned to him in the whole occurrence. Learned counsel submits that the said Rakesh Giri @ Bhim Singh @ Baba has stated in his confessional statement that while going to Patna

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Patna High Court Cr.Misc. No.14171 of 2014 (3) dt.08-07-2014

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with his other accomplices they had kept Rs. 8 Lakhs with the petitioner. This is corroborated by the statement of the father of the petitioner also and the police have also recovered Rs. 6,050,00/- from the house kept in a carry bag. Learned counsel submits that the petitioner not being aware of either the source or the purpose of the money, in good faith, had kept the amount given by Rakesh Giri @ Bhim Singh @ Baba for keeping and thus is innocent and deserves to be enlarged on bail. It is submitted that the petitioner has clean antecedent and is in custody since 05.11.2013. Learned counsel for the petitioner has produced web copy of order dated 04.07.2014 by which his brother who is also a co-accused namely, Ashutosh Kumar has been granted bail in Cr. Misc. No.11952 of 2014. Let the same be kept on record.

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Learned A.P.P., upon going through the case diary, does not dispute the fact that the only material in the confessional statement regarding the role of the petitioner is that he was given Rs. 8 Lakhs for keeping without there being any other role assigned to him by any of the co-accused.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

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Patna High Court Cr.Misc. No.14171 of 2014 (3) dt.08-07-2014

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Judicial Magistrate, Aurangabad in Madanpur P.S. Case No. 173 of 2013.

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(Ahsanuddin Amanullah, J.)
Anand Kr.
U

Ashwini Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ashwini 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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