Allowed

Avinish Kumar @ Awanish Kumar @ Chhotu v. The State Of Bihar

Patna HC9 Feb 2015CR. MISC./5232/2015

Case brief

AI extract

What is this about?

This order grants bail to a petitioner named subsequent to the FIR based on credit of a co-accused. The petitioner had no prior record despite facing charges of murder and conspiracy. Bail was granted with bond and sureties to satisfy the Judicial Magistrate.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs.10,000/- with two sureties of similar amount to Sub-divisional Judicial Magistrate, Sikrahana.

Avinish Kumar @ Awanish Kumar @ Chhotu Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5232 of 2015

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Arising Out of PS.Case No. -88 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Avinish Kumar @ Awanish Kumar @ Chhotu Son of Surendra Prasad Resident of Village - Jhuwaram, P.S- Dhaka, District - East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 07.07.2014 in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code. It is alleged that the informant’s son is kidnapped by five FIR named accused persons and unknown, subsequently he was killed. The petitioner was not named in the FIR. The name of the petitioner subsequently sprang up in the C.D. recording of the mobile of apprehended co-accused Chandan Kumar .

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It is submitted by learned counsel for the

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Patna High Court Cr.Misc. No.5232 of 2015 (02) dt.09-02-2015

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petitioner that Chandan in his confession and other accused persons in their confession have not named this petitioner and coaccused persons, whose name subsequently transpired on the confession of the co-accused, have been granted bail vide Cr. Misc. Nos. 42846 of 2014 and 46298 of 2014.

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A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

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Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari in connection with Pakridayal P.S. Case No. 88 of 2014.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Avinish Kumar @ Awanish Kumar @ Chhotu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Avinish Kumar @ Awanish Kumar @ Chhotu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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