Allowed

MD Sarik v. The State of Bihar

Patna HC26 Oct 2021CR. MISC./19354/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court ordered the release of the petitioner on bail in a kidnapping and murder case, considering the nature of charges and coordination with a coordinate bench that had already granted bail to another co-accused.

What did the court decide?

Petitioner released on bail on furnishing Rs. 20,000 with two sureties of like amount each on specified conditions.

MD Sarik 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.19354 of 2021

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Arising Out of PS. Case No.-670 Year-2019 Thana- AMARPUR District- Banka

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

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Md Sarik Son of Md Abbas Resident of Village - Dona, P.S.- Amarpur, Distt.Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 26-10-2021

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is languishing in custody for the offence punishable under Section 364/34 of the Indian Penal Code. Later on offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act were added.

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Submission is that informant is not an eyewitness of the occurrence. Some unknown person reported to the informant that five persons including the petitioner kidnapped to his son. The case-diary would reveal that no such witness appeared before the police to support that he had seen the petitioner and others along with the son of the informant.

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Considering the nature of material co-accused Ravi Kumar was allowed bail by a coordinate Bench of this Court in

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Patna High Court CR. MISC. No.19354 of 2021(3) dt.26-10-2021 2/2

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Cr. Misc. No.42996 of 2021. Investigation of the case is already complete. The petitioner is in custody since 13.10.2020.

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Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Amarpur P.S. Case No.670 of 2019 with following conditions:

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(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

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(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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Mkr./-

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U T

MD Sarik v. The State of Bihar

Case brief

What is this about?

What did the court decide?

MD Sarik v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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