Allowed

Vijay Kumar @ Mantu Kumar @ Mintu and Anr. v. The State Of Bihar

Patna HC6 Feb 2015CR. MISC./5202/2015

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to petitioners alleging enmity-based prosecution in PS Case 218/2014. They must surrender within four weeks and furnish bonds of Rs. 10,000 each with two sureties per Section 438(2) Cr.P.C.

What did the court decide?

Petitioners enlarged on bail upon furnishing bonds of Rs. 10,000 each with two sureties and surrendering within four weeks under Section 438(2) Cr.P.C.

Vijay Kumar @ Mantu Kumar @ Mintu and Anr. Vs The State Of… — Narcotics (NDPS) | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.5202 of 2015 Arising Out of PS.Case No. -218 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Vijay Kumar @ Mantu Kumar @ Mintu. 2. Sunil Kumar @ Vicky, both are sons of Vishwnath Prasad. Both residents of Mohalla Panchmandir Teliya Patti, P.S. Motihari Town, District East Champaran. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 06-02-2015 Heard both sides.

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The petitioners apprehend their arrest in Motihari Town P.S. Case No. 218 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.

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The informant alleged that while he along with his nephew Lala @ Rajnish was coming on a motorcycle. In the meantime Shambhu Prasad his son Rohit Kumar came and made indiscriminate firing on Amit Kumar. The informant also named Manoj Kumar, Madan Prasad brother-in-law of Shambhu Prasad and Rajesh Ram and alleged that they fled away. The allegation against the petitioners Vijay Kumar @ Mantu Kumar @ Mintu and Sunil Kumar @ Vicky that they along with his father was

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Patna High Court Cr.Misc. No.5202 of 2015 (2) dt.06-02-2015

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doing the work of liner.

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Learned counsel for the petitioners submits that no specific allegation is made against the petitioners. On account of enmity the petitioners are named in the FIR and alleged to be worked as liner. Rajesh Kumar @ Rajesh Ram, Manoj Kumar and Madan Prasad have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 30339 of 2014 and Cr. Misc. No. 31056 of 2014.

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Considering the facts aforesaid and the fact that there is no allegation against the petitioners and similarly situated other accused persons have already been enlarged on anticipatory bail, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 218 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Prabhat Kumar Jha, J.)

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KKSINHA/U T

Vijay Kumar @ Mantu Kumar @ Mintu and Anr. v. The State Of Bihar

Case brief

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Vijay Kumar @ Mantu Kumar @ Mintu and Anr. v. The State Of Bihar

Case brief

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