Allowed

Buttu @ Bittu @ Kaushal Kumar v. The State of Bihar

Patna HC23 Apr 2019CR. MISC./26302/2019

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner apprehending arrest under Section 438 Cr.P.C. The court imposed conditions including a bail bond, sureties, appearance in court, and prohibition from committing similar offences.

What did the court decide?

Petitioner granted bail on furnishing bond of Rs. 10,000 with two sureties subject to specified conditions.

Buttu @ Bittu @ Kaushal Kumar 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.26302 of 2019

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Arising Out of PS. Case No.-74 Year-2018 Thana- ALIPUR District- Gaya ====================================================== BUTTU @ BITTU @ KAUSHAL KUMAR, aged about 25 years, male, Son of Satyanand Singh @ Jhulan Singh Resident of Village- Makhdumpur, P.S.Alipur, District- Gaya.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr. Surendra Kumar Mishra, Advocate. For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 23-04-2019

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 379/34 of the Indian Penal Code registered in connection with Alipur P.S. Case No. 74 of 2018.

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It is submitted that the petitioner has been falsely implicated and there is delay in institution of the F.I.R. on 26.08.2018 for the alleged occurrence of 25.08.2018. In any event the injury sustained by the informant is simple in nature. It is pointed out that the informant has been sent by the police for medical examination on 26.08.2018 and the injury report addressed to the Officer in-charge is dated day prior i.e. on 25.08.2018. 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 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

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Patna High Court CR. MISC. No.26302 of 2019(2) dt.23-04-2019 2/2

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Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Gaya in connection with Alipur P.S. Case No. 74 of 2018, G.R. No. 5767 of 2018. subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following 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 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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(iv) 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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(Vikash Jain, J)

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Ibrar/Chandran

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U T

Buttu @ Bittu @ Kaushal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Buttu @ Bittu @ Kaushal 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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