Allowed

Vikash Kumar Das v. The State of Bihar

Patna HC25 Sept 2019CR. MISC./58999/2019

Case brief

AI extract

What is this about?

, hold the lower court to accept the bail bond submitted by the petitioner Vikash Kumar Das in Cr. Misc. No. 52827 of 2019 arising from Raxaul P.S. Case No. 72 of 2019. The petitioner had already been granted bail provisionally or earlier, but the bail bond was rejected due to a discrepancy between the address in the FIR (Bara Gopalpur) and the resident proof provided (Gopalpur). The high court ob

What did the court decide?

The bail bond was ordered to be accepted immediately, and the petitioner directed to be released. The lower court must submit an explanation within four weeks if disagreement with the order persists.

Vikash Kumar Das Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58999 of 2019

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CRIMINAL MISCELLANEOUS No.52827 of 2019

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Arising Out of PS. Case No.-72 Year-2019 Thana- RAXAUL District- East Champaran

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

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VIKASH KUMAR DAS, Son of Brij Mohan Das, Resident of Village - Bara Gopalpur, P.S. - Gopalpur, District - West Champaran.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 25-09-2019 Heard.

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Petitioner was allowed bail on 27.08.2019 in Cr. Misc.

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No. 52827 of 2019 in connection with Raxaul P.S. Case No. 72 of 2019. Petitioner is resident of village Gopalpur, Police Station Gopalpur in the district of West Champaran.

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Since in the format of FIR, address of the petitioner is mentioned as Bara Gopalpur, the learned court below is not accepting bail bond of the petitioner for that technicality whereas submission of the learned counsel for the petitioner is that there is no other village known as Bara Gopalpur nor the petitioner has mentioned in the bail petition that his village is Bara Gopalpur.

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The learned court below is directed to immediately accept the bail bond of the petitioner and shall submit an

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Patna High Court CR. MISC. No.58999 of 2019(2) dt.25-09-2019 2/2

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explanation for non-acceptance of the bail bond even provisionally. If the learned court below had any confusion in acceptance of the bail bond on the very next day, it could have been verified whether there is any other village known as Bara Gopalpur, the learned court below has attempted to neutralize the order of this Court whereby the petitioner was directed to be released.

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The explanation must come to this Court within a period of four weeks from the date of receipt/production of a copy of this order.

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Let this order be communicated to the learned court below in connection with Raxaul Police Station Case No. 72 of 2019 corresponding to N.D.P.S. Case No. 29 of 2019.

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Accordingly, this application is allowed.

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(Birendra Kumar, J)

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Kundan/-

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U T

Vikash Kumar Das v. The State of Bihar

Case brief

What is this about?

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Vikash Kumar Das v. The State of Bihar

Case brief

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