Allowed

Amit Kumar v. The State of Bihar

Patna HC2 Apr 2019CR. MISC./3138/2019

Case brief

AI extract

What is this about?

The High Court of Patna considered a bail application in a case involving affray and murder. The petitioner, alleged to be a nephew of the deceased, sought bail from custody. The court allowed the application, emphasizing innocence and potential false implication due to property disputes. Bail was granted with security conditions.

What did the court decide?

Petitioner released on bail on Rs. 10,000 bond and two sureties of similar amounts subject to standard bail conditions.

Amit Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3138 of 2019

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Arising Out of PS. Case No.-419 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai

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

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Amit Kumar Chotu Mahto Re4sident of Village- Bagha, P.S.- Nagar, DistrictBegusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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=============== Appearance : For the Petitioner/s	==== : :	=================================== Mr.Ajay Kumar Thakur, Adv. Ms. Babita Kumari, Adv.
For the Opposite Party For the Informant ===============	/s : : : : ====	Mr.Kanhaiya Kishore (App 100) Mr. Sanjay Kumar, Adv Mr. Ram Sumiran Rai, Adv Ms. Anita Kumar, Adv. ===================================
CORAM: HONOU	RABL	E MR. JUSTICE S. KUMAR ORAL ORDER

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4 02-04-2019 Heard learned counsel for the petitioner and learned

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counsel for the State.

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Petitioner, who is in custody, seeks bail in connection with Nagar (Lohianagar O.P.) P.S. Case No. 419 of 2018 registered for the offence punishable under Sections 147, 148, 149, 452, 302 of the Indian Penal Code and 27 of Arms Act.

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Informant has alleged in her written complaint that petitioner is nephew of deceased and he alongwith other coaccused used to collect Rangdari at bus stand which was protested by her husband. On 15.07.2018 at about 9.30 PM all FIR named accused entered her house and on the instigation of

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Patna High Court CR. MISC. No.3138 of 2019(4) dt.02-04-2019 2/3

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petitioner, co-accused Shambhu Sahni fired at his chest, Amar Kumar made second firing which hit on his waist and third firing made by Amit Kumar (Petitioner) which hit on the arm of her husband. Thereafter they started fleeing away but after chase co-accused Shambhu Sahni was apprehended and on search empty cartridge, pistol and magazine were recovered from his pocket. She suspects that all accused persons have committed the murder of her husband.

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It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that deceased is own uncle of the petitioner. Informant wants to grab the property of the petitioner due to which she implicated him. FIR was instituted after much delay and family members declined to make any fardbeyan at early stage and subsequently lodged written complaint which is an after thought implicating all family members. Petitioner is in custody since 21.07.2018.

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Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Nagar (Lohianagar O.P.)

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Patna High Court CR. MISC. No.3138 of 2019(4) dt.02-04-2019 3/3

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P.S. Case No. 419 of 2018 subject to the conditions that:-

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(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(S. Kumar, J)

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veena/-

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U T

Amit Kumar v. The State of Bihar

Case brief

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Amit Kumar v. The State of Bihar

Case brief

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