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Kunal Kumar Choudhary @ Kunal Choudhary v. The State Of Bihar

Patna HC15 Jul 2014CR. MISC./17004/2014

Case brief

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What is this about?

Patna High Court granted bail to two petitioners charged with murder and human trafficking after noting their non-inclusion in the FIR and pending DNA report. The High Court criticized the extra-judicial confession as insufficient for continued custody.

What did the court decide?

Released on bail on execution of ₹10,000 bond with two sureties of like amount to satisfy the Chief Judicial Magistrate, Munger.

Kunal Kumar Choudhary @ Kunal Choudhary Vs The… — Murder and Culpable Homicide | Patna HC (2014)

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Patna High Court Cr.Misc. No.17004 of 2014 (3) dt.15-07-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17004 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -ASARGANJ District- MUNGER ====================================================== Kunal Kumar Choudhary @ Kunal Choudhary S/o Deo Nandan Choudhary Resident of Wakhanpur, Police Station Asarganj, District Munger. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.17296 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -ASARGANJ District- MUNGER ====================================================== Amit Kumar Son of Arvind Singh resident of village- Manchhidih, Police Station- Asarganj, District- Munger.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

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3 15-07-2014 Above noted both the applications have arisen out of one occurrence i.e. Asarganj P.S. Case No. 42 of 2013 and as such they have been heard together and are being disposed of by this common order.

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Heard learned counsel for the petitioners and learned APP representing the State.

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The petitioners seek bail in connection with Asarganj P.S. Case No. 42 of 2013 registered for the offences punishable

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Patna High Court Cr.Misc. No.17004 of 2014 (3) dt.15-07-2014

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under Sections 364, 302, 201/34 of the Indian Penal Code.

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Allegedly, the husband of the informant was called by Anil Baidya, where he used to work, and thereafter, he did not return and his mobile was found switched off and when Anil Baidya and his brothers were asked about the same, then they disclosed that he had not come at their house and accordingly, the FIR was registered against Anil Baidya and his brother including their associates for killing the husband of the informant and making the dead body traceless.

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During investigation, on the basis of mobile location one Sonu Kumar was apprehended who was caught with the mobile of the deceased and Sonu Kumar disclosed that the said mobile was given by Dilip Mandal and Amit Kumar and accordingly, Dilip Mandal was arrested who confessed his guilt stating the name of these petitioners and on the basis of his confession the skeleton was recovered and the wife of the informant identified the Langota of skeleton to be of her husband. Further it has come that the petitioner Kunal Kumar Choudhary, due to political rivalry, after hiring criminals, got murdered the deceased.

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Submission at bar for release of the petitioners of both the applications is of their innocence false implication

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Patna High Court Cr.Misc. No.17004 of 2014 (3) dt.15-07-2014

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and submitting that the Police under political influence instead of arresting the real culprits, who are named and against whom protest petition has also been filed by the informant, implicated these petitioners merely on the basis of extra judicial confession which has got no evidentiary value in the eye of law. Skeleton has already been recovered earlier and it was stated by nearby persons that the same is of buffalo. Up-till now no report of DNA test has been received and the petitioners are suffering in custody. Petitioner Kunal Kumar Chaudhary has surrendered suo-moto being a law abiding citizen after being harassed by the local Police.

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Learned APP seriously opposed the prayer for bail by submitting that the confessional statement leading to recovery of the skeleton goes to reveal the complicity of the petitioners.

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Having regard to the facts and circumstances of the case and noticing that the petitioners are neither named in the FIR nor they are named in the protest petition and no report of DNA test was received and as such the petitioners Kunal Kumar Chaudhary @ Kunal Chodhary of Cr. Misc. No. 17004 of 2014 and Amit Kumar of Cr. Misc. No. 17296 of 2014 are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

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Patna High Court Cr.Misc. No.17004 of 2014 (3) dt.15-07-2014

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satisfaction of the learned Chief Judicial Magistrate, Munger in

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connection with Asarganj P.S. Case No. 42 of 2013.

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(Jitendra Mohan Sharma, J)
avin/-
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Kunal Kumar Choudhary @ Kunal Choudhary v. The State Of Bihar

Case brief

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Kunal Kumar Choudhary @ Kunal Choudhary v. The State Of Bihar

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