Partly allowed

Guddu Dom @ Guddu Kumar v. The State of Bihar

Patna HC6 Dec 2021CR. MISC./15537/2020

Case brief

AI extract

What is this about?

The Patna High Court dismissed the bail application against petitioner no. 2 as infructuous due to his arrest. It granted bail to petitioner no. 1 on furnishing bond and sureties, requiring removal of stamp defects within four weeks, invoking Section 438(2) CrPC.

What did the court decide?

Bail granted to petitioner no. 1 on furnishing bond and two sureties; application against petitioner no. 2 dismissed as infructuous due to arrest.

Guddu Dom @ Guddu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15537 of 2020

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Arising Out of PS. Case No.-229 Year-2019 Thana- BIHARIGANJ District- Madhepura

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

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GUDDU DOM @ GUDDU KUMAR Son of Bindeshwari Dom @ Bindeshwari Harijan Resident of Village - Sarouni Kala, P.S.- Bihariganj, District - Madhepura.

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Sanjay Dom @ Sanjay Ambedkar Son of Bindeshwari Dom @ Bindeshwari Harijan Resident of Village - Sarouni Kala, P.S.- Bihariganj, District - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad For the Opposite Party/s : Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 06-12-2021

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Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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At the outset, learned counsel for the petitioners has submitted that petitioner no.2 Sanjay Dom @ Sanjay Ambedkar has been arrested during the pendency of the application. So the application against petitioner no.2 has become infructuous.

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In view of aforesaid, the application as against petitioner no.2 is dismissed as infructuous.

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Heard the learned counsel for the petitioner no.1 and learned APP for the State.

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Patna High Court CR. MISC. No.15537 of 2020(2) dt.06-12-2021 2/3

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The petitioner no.1 apprehends his arrest for the offences alleged under Sections 457 and 380 of the Indian Penal Code, registered in connection with Bihariganj P.S.Case No.229 of 2019.

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As per the allegation, the accused persons, including the petitioners, committed theft in the house of the informant and took away the household articles including ornaments etc.

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It has been mentioned in paragraph 10 of the bail petition that earlier the wife of petitioner no.2 had filed a case against the informant, vide Bihariganj P.S.Case No. 200 of 2018 and it is the reason that the false case has been filed by the informant against the petitioners.

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Considering the facts and circumstances, let the petitioner no.1 Guddu Dom @ Guddu Kumar, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-1st Class, Udakishunganj, Madhepura in connection with Bihariganj P.S.Case No.229 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

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Office shall ensure that all defects are removed by the

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Patna High Court CR. MISC. No.15537 of 2020(2) dt.06-12-2021 3/3

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petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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HR/-

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U T

Guddu Dom @ Guddu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Guddu Dom @ Guddu Kumar v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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