Allowed

Brijesh Kumar Modi @ Birju Modi @ Birju v. The State of Bihar

Patna HC9 Apr 2019CR. MISC./22043/2019

Case brief

AI extract

What is this about?

The High Court of Patna allowed an anticipatory bail petition seeking release from arrest. Conditions for bail were framed, including appearance in court and cooperation with investigation.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions regarding court appearance and investigation cooperation.

Brijesh Kumar Modi @ Birju Modi @ Birju Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22043 of 2019

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Arising Out of PS. Case No.-523 Year-2018 Thana- JAKKANPUR District- Patna

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======================================================

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Brijesh Kumar Modi @ Birju Modi @ Birju, aged about 32 Years (Male) S/o Shankar Modi @ Shankar Manjhi R/o- Village- Dhelwan, P.S.- Ram Krishna Nagar, District- Patna.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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============== Appearance : For the Petitioner For the State	======================================== : Mr.Ajay Kr Singh No.1, Advocate : APP
For the Informant ==============	: Mr. Arvind Kr. Jha, Advocate ========================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 09-04-2019

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Heard learned counsel for the petitioner and learned APP

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for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 143, 341, 323, 379, 467, 468, 471 and 320/34 of the Indian Penal Code registered in connection with Jakkanpur P.S. Case No. 523 of 2018.

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It is submitted that the petitioner has been falsely implicated and the accusations are general and omnibus without any assault being attributed individually. The first information report has been instituted owing to business dispute between the parties. No ingredients of the offence as alleged in the FIR are made out against the petitioner. Similarly situated accused persons, namely, Prem Kumar Chaudhary and Suresh Prasad have been granted anticipatory bail by this Court vide orders dated 02.04.2019 and 03.04.2019 passed in Cr. Misc. No. 20138 of 2019 and Cr. Misc. No. 20585 of 2019, respectively. The petitioner claims clean antecedents

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Be that as it may, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of

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Patna High Court CR. MISC. No.22043 of 2019(2) dt.09-04-2019 2/2

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communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. Case No. 523 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions --

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(i) That one of the bailors shall be a close relative of the petitioner.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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BT/-

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(Vikash Jain, J)

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U T

Brijesh Kumar Modi @ Birju Modi @ Birju v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Brijesh Kumar Modi @ Birju Modi @ Birju v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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