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Sahdeo Prajapati and Anr. v. The State Of Bihar

Patna HC10 Aug 2017CR. MISC./37907/2017

Case brief

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What is this about?

In Criminal Miscellaneous No. 37907 of 2017, a two-judge bench granted regular bail to petitioners facing charges of murder, culpable homicide, rioting, and assault. The court relied on the grant of bail to co-accused persons and the existence of counter-case allegations.

What did the court decide?

Released on regular bail upon furnishing bail bonds of Rs. 10,000 with two sureties to the Chief Judicial Magistrate, Aurangabad.

Sahdeo Prajapati and Anr. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37907 of 2017

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Arising Out of PS.Case No. -9 Year- 2017 Thana -AMBA District- AURANGABAD

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====================================================== 1. Sahdeo Prajapati, son of Balkeshwar Prajapati 2. Manoj Prajapati @ Manoj Kumar Prajapati, son of Sahdeo Prajapati Both resident of village-Narhar Amba Tola Kumhar Bigha, P.S.-Amba, District-Aurangabad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Dubey, Advocate For the Informant : Mr. Krishna Prasad Singh, Sr. Advocate For the State : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 10-08-2017 Heard Mr. Sunil Kumar Dubey, the learned counsel for the petitioners and Mr. Krishna Prasad Singh, the learned Senior Counsel for the informant.

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The petitioners seek regular bail in connection with Amba P.S. Case No. 9 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

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The allegation is with regard to the petitioners and other accused persons assaulting the brother of the informant resulting in his death.

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The learned counsel for the petitioners submits that a bare reading of the F.I.R. would show that the main assailant is Krishna Prajapati, hence the co-accused Sanjay Prajapati has been granted bail by this Court by an order dated 26.04.2017

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Patna High Court Cr.Misc. No.37907 of 2017 (2) dt.10-08-2017

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2/2

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passed in Criminal Miscellaneous No. 17384 of 2017. It is further submitted that the petitioners have clean antecedent and there is case and counter case inasmuch as from the alleged incident two cases arise i.e. the instant case bearing Amba P.S. Case No. 9 of 2017 dated 23.01.2017 and another i.e. Amba P.S. Case No. 11 of 2017 dated 24.01.2017.

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Having regard to the facts and circumstances and more particularly fact that this Court has been pleased to grant bail to the similarly situated co-accused persons by orders dated 26.04.2017 passed in Criminal Miscellaneous No. 17384 of 2017, 21.06.2017 passed in Criminal Miscellaneous No. 18248 of 2017, 13.07.2017 passed in Criminal Miscellaneous No. 32594 of 2017 and 11.04.2017 passed in Criminal Miscellaneous No. 17934 of 2017, I find that the petitioners are liable to be enlarged on regular bail.

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Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 9 of 2017.

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(Mohit Kumar Shah, J)

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ajaypd./U T

Sahdeo Prajapati and Anr. v. The State Of Bihar

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Sahdeo Prajapati and Anr. v. The State Of Bihar

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