Allowed

Nishu Kumar v. The State Of Bihar

Patna HC19 Aug 2017CR. MISC./37519/2017

Case brief

AI extract

What is this about?

The High Court allowed an application for bail for a petitioner accused under Section 392 IPC. The petitioner was named based on a co-accused's statement and was not arrested till appearance. The Court granted bail noting that similarly situated co-accused had already been released.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount, subject to conditions.

Nishu Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37519 of 2017

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Arising Out of PS.Case No. -280 Year- 2014 Thana -WARSALIGANJ District- NAWADA

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====================================================== Nishu Kumar, Son of Subodh Kumar, Resident of Village-Manama, Police Station-Hisua in the District of Nawada.

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.... .... Petitioner/s Versus The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 19-08-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in Warisaliganj P.S. Case No. 280 of 2014 for an offence under section 392 of the Indian Penal Code.

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The name of this petitioner surfaced on the basis of confessional statement of co-accused.

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In para-11 of the petition, there is statement that petitioner was not put on TIP and he has been made accused in this case only on suspicion because of his previous antecedent.

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It has been submitted that similarly other co-accused who were made accused on the basis of confessional statement of co-accused, have been granted bail, namely, Mukesh Kumar Mahto was granted bail vide order dated 27.8.2015 in Cr. Misc.

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Patna High Court Cr.Misc. No.37519 of 2017 (2) dt.19-08-2017

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2/2

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No. 39674 of 2015, Guddu Kumar was granted bail vide order dated 03.05.2017 in Cr. Misc. No. 17550 and Devendra Kumar Pandey was granted bail vide order dated 12.01.2017 in Cr. Misc. No. 210 of 2017.

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Having regard to the fact that similarly circumstanced other co-accused have been granted bail, let the petitioner, named above, 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 Additional Sessions Judge-V, Nawada, in connection with S. Tr. No. 189 of 2016/458 of 2016 (arising out of Warisaliganj P.S. Case No. 280 of 2014) on the condition that one of the bailors should be close relative of the

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petitioner and the petitioner will extend full cooperation in the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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U T

Nishu Kumar v. The State Of Bihar

Case brief

What is this about?

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Nishu Kumar v. The State Of Bihar

Case brief

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