Allowed

Premjeet Kumar @ Amarjeet Kumar v. The State Of Bihar

Patna HC18 Apr 2018CR. MISC./14329/2018

Case brief

AI extract

What is this about?

This order grants bail to the petitioner, who was in judicial custody charged with dacoity, murder, and offences under the Arms Act. The bench considered the petitioner's claim that he was not a main assailant and allowed him out on bail subject to a bond and conditions.

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each.

Premjeet Kumar @ Amarjeet Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14329 of 2018

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Arising Out of PS.Case No. -74 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR

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====================================================== Premjeet Kumar @ Amarjeet Kumar S/o Dhirendra Kumar Mandal @ Dhirendra Kumar Singh, R/o Purani Durga Asthan, Sultanganj, P.S.Sultanganj, District- Bhagalpur.

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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3 18-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

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This is the second round of litigation. Earlier the prayer for bail of the petitioner was rejected vide order dated 31.07.2017 passed in Cr. Misc. No. 15859 of 2017.

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Petitioner is languishing in judicial custody since 12.05.2016 in connection with Sessions Trial No. 609 of 2016 arising out of Sultanganj P.S. Case No. 74 of 2016 for offences punishable under Sections 396, 412 of the Indian Penal Code and Section 25 (1-B)A, 26, 27, 35 of the Arms Act.

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The prosecution case is that on 06.05.2016/07.05.2016 in the night, a dacoity was committed in the house of the deceased and in course of committing the said crime, firing took place and

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Patna High Court Cr.Misc. No.14329 of 2018 (3) dt.18-04-2018

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2/3

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the Bhaisur of informant was killed.

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It has been submitted by the learned counsel for the petitioner that he is innocent and the allegation upon him is of committing dacoity and is not a main assailant. He submits that his named surfaced on the confession of Ankit Kumar, who was arrested on the spot. He submits that although charges have been framed long back but trial has not progressed, no witness has yet been examined. The petitioner further undertakes to cooperate in the trial and appear on day to day basis.

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However, learned counsel for the informant as well as learned APP for the State vehemently oppose the prayer for bail stating therein that the petitioner has been identified by the niece of the informant and during course of commission of the said robbery one of the person succumbed due to firearm injury.

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Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 3^rd A.D.J. Bhagalpur in connection with Sessions Trial No. 609 of 2016 arising out of Sultanganj P.S. Case No. 74 of 2016, subject to the conditions that:

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(1) One of the bailors would be a close relative of the

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Patna High Court Cr.Misc. No.14329 of 2018 (3) dt.18-04-2018

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petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

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(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

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(Nilu Agrawal, J)

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Devendra/-

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U T

Premjeet Kumar @ Amarjeet Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Premjeet Kumar @ Amarjeet 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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