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Ashish Kumar @ Ashish Nath v. the State of Bihar

Patna HC16 Sept 2021CR. MISC./11875/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioners in a criminal trademark case, directing them to furnish a personal bond and execute bail bonds with sureties within specified timelines after normalcy is restored.

What did the court decide?

Granted anticipatory bail on personal bond, with direction to furnish bail bonds with two sureties within eight weeks after normalcy is restored.

Ashish Kumar @ Ashish Nath Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11875 of 2021

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Arising Out of PS. Case No.-195 Year-2020 Thana- NAUBATPUR District- Patna

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

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Ashish Kumar @ Ashish Nath S/O Amar Singh R/O Village Gopalpur, P.S Naubatpur District Patna

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Ankit Kumar @ Ankit Nath S/O Amar Singh R/O Village Gopalpur, P.S Naubatpur District Patna

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioners : Mr.Samrendra Kumar Jha, Advocate For the State : Mrs. Ritika Rani, APP For the informant : Mr. Ritu Raj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 16-09-2021

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Heard learned counsel for the petitioners, learned

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APP for the State and learned counsel for the informant through virtual mode.

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Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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The petitioners are apprehending their arrest in connection with Naubatpur P.S. case No.195 of 2020 registered under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code.

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Prosecution case, in short, is that on 14.04.2020 the father of the informant, namely, Ravi Shankar Kumar had gone

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Patna High Court CR. MISC. No.11875 of 2021(2) dt.16-09-2021 2/3

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to see wheat field and after seeing he was returning, the accused persons including the petitioners along with 4-5 unknown started assaulting the father of the informant by means of lathi, danda, spade and khanti. The informant has further alleged that Co-accused Shashi Bhushan Sharma having kudal in his hand, Amar Singh having khanti in his hand and rest persons having lathi, danda in their hands were assaulting his father. Coaccused Ajeet Kumar, Sanjay Sharma and Raushan Kumar pushed down his father on the earth and badly assaulted him with lathi, danda. The informant brought his father in the Hospital for treatment, where the doctor declared him dead.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Specific allegation of assaulted is alleged against the co-accused Shashi Bhushan Sharma, Amar Singh, Ajeet Kumar, Sanjay Sharma and Raushan Kumar. So far the petitioners are concerned, general and omnibus allegation has been made. No specific overt act is alleged against the petitioners.

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On behalf of the State and learned counsel for the

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Patna High Court CR. MISC. No.11875 of 2021(2) dt.16-09-2021 3/3

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informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate III, Danapur, Patna in connection with Naubatpur P.S. case No.195 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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Narendra/-

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U T

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(Sudhir Singh, J)

Ashish Kumar @ Ashish Nath v. the State of Bihar

Case brief

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Ashish Kumar @ Ashish Nath v. the State of Bihar

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