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Gautam Kumar v. The State Of Bihar

Patna HC18 Feb 2015CR. MISC./40740/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a murder case involving money demand and killing. The court noted the petitioner had earlier liberty to renew bail after one year and three years later, the trial was still pending with only two witnesses examined, lacking further progress.

What did the court decide?

Released on bail furnishing bond of Rs. 10,000 with two sureties of similar amount.

Gautam Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40740 of 2014

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Arising Out of PS.Case No. -281 Year- 2012 Thana -BARAUNI District- BEGUSARAI

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====================================================== 1. Gautam Kumar S/o Sri Krishna Kumar Singh, R/o VillageSadanandpur, P.S.- Balia, District- Begusarai .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Aditya Narayan Singh-1 For the Opposite Party : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 18-02-2015 The petitioner has renewed his prayer for bail in a case registered under Sections 302/34 and 394/411 of the I.P.C.

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The dead body of the sister and brother-inlaw of the informant were recovered with heavy injuries lying in their official quarters. The First Information Report was lodged against unknown. The name of the petitioner sprang up when it transpired that petitioner used to demand some money from the victims and on refusal of the same they were killed. During investigation the petitioner and one Piyush Kumar were apprehended and they disclosed vivid descriptions of killing the victims when certain articles of the victims were recovered on the basis of confession of the petitioner and Piyush Kumar. Though suspicion was also raised against Hari Singh who was not been examined during investigation.

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Patna High Court Cr.Misc. No.40740 of 2014 (3) dt.18-02-2015

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2/2

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The prayer for bail of the petitioner was rejected vide order dated 11.07.2013 passed in Cr. Misc. No. 7709 of 2013 with liberty to renew the prayer if the trial is not concluded within a period of one year.

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A statement has been made in para 12 of the petition that out of ten charge-sheeted witnesses only two witnesses have been examined and there is no likelihood of trial being concluded in near future.

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Considering the fact that in spite of liberty given through earlier order no effort has been made to conclude the trial, let the petitioner, above named, 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 learned Adhoc Additional Sessions Judge-I, F.T.C, Begusarai in connection with Sessions Trial No. 124 of 2013, arising out of Barauni P.S. Case No. 281 of 2012.

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Let learned Court below cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

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(Dinesh Kumar Singh, J)

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Shageer/-

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U T

Gautam Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Gautam 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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