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Amar Kumar v. the State of Bihar

Patna HC17 Jun 2020CR. MISC./75181/2019

Case brief

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What is this about?

This oral order grants pre-arrest bail to the petitioner in a criminal case for criminal breach of trust and dishonest misappropriation. The court directed release upon surrender furnishing bond and sureties under Section 438(2) CrPC. Bail was ordered due to the co-accused's similar bail.

What did the court decide?

Release on bail on surrender by furnishing bond of Rs.10,000 and two sureties.

Amar Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75181 of 2019

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Arising Out of PS. Case No.-248 Year-2018 Thana- CHAUTHAM District- Khagaria

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

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Amar Kumar S/o Indradeo Rajak Resident of Village- Telauchh, P.S.Parbatta, District- Khagaria.

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Versus

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The State Of Bihar

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... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. N. K. Agarwal, Sr. Advocate Mr.Saket Tiwary, Advocate For the Opposite Party : Mr.Dashrath Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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5 17-06-2020

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Heard Mr. N. K. Agarwal, learned Senior Counsel

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for the petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State via video conferencing.

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The petitioner seeks pre-arrest bail in connection with Chautham P. S. Case No.248 of 2018 registered under Sections 406 and 409 of the Indian Penal Code.

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It is contended by learned Senior Counsel appearing for the petitioner that co-accused Nandkishore Rajak, Panchayat Sachiv having more or less identical allegation to that of the petitioner has already been granted pre-arrest bail by a Bench of this Court vide order dated 21.01.2020 passed in Cr. Misc. No.3531 of 2020.

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Learned Additional Public Prosecutor for the State

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Patna High Court CR. MISC. No.75181 of 2019(5) dt.17-06-2020 2/2

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has opposed the prayer for grant of pre-arrest bail to the petitioner. However, he does not dispute the fact that the case of

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the petitioner stands on identical footing to that of co-accused Nandkishore Rajak, who has already been granted anticipatory bail by another Bench of this Court.

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Considering the submissions made above, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate 1^st Class, Khagaria in Chautham P. S. Case No.248 of 2018, G.R. No.3627 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Ashwani Kumar Singh, J)

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kanchan/-

Amar Kumar v. the State of Bihar

Case brief

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Amar Kumar v. the State of Bihar

Case brief

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