Allowed

Md. Kamil Khan v. The State of Bihar

Patna HC10 Jun 2021CR. MISC./2769/2021

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner in PS Case No. 99 of 2020 for an offence under Section 307 IPC. The court noted the petitioner's clean antecedents and the completion of investigation.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount, subject to conditions of cooperation and non-tampering with evidence.

Md. Kamil Khan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2769 of 2021

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Arising Out of PS. Case No.-99 Year-2020 Thana- NARPATGANJ District- Araria

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

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Md. Kamil Khan aged about 50 years, Gender Male, Son of Kajir Khan @ Kagir Khan resident of village- Gokhlapur, Ward No. 02, P.S.- Narpatganj, District- Araria

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Md. Naushad Uzzoha ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3. 10-06-2021

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Heard learned counsel for the parties through video

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conferencing.

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The petitioner seeks bail in Narpatganj P.S. Case No. 99 of 2020, registered for the offence under Section 307 and other allied sections of the Indian Penal Code.

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As per the prosecution case, this petitioner is alleged to have inflicted farsa blow on the head of informant’s son, as a result of which, he received grievous injury on his head.

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It is submitted on behalf of petitioner that due to grazing of the crop by she goat, altercation took place between the parties. There is no allegation of repetition of blow against this petitioner. There is also no allegation against this petitioner of tampering with the evidence. Petitioner has got no criminal antecedent and he is in custody since 22.06.2020. Chargesheet

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Patna High Court CR. MISC. No.2769 of 2021(3) dt.10-06-2021 2/2

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has already been submitted.

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Learned A.P.P. for the State has opposed the bail

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petition.

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Considering the rival submissions of the parties as well as the fact that petitioner has got clean antecedent and he is in custody since 22.06.2020 and investigation is complete, the bail petition of petitioner is allowed. Let the above named petitioner 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, Araria in connection with Narpatganj P.S. Case No. 99 of 2020, on the following conditions:

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“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

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(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”

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(Prabhat Kumar Singh, J.)

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anay

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U T

Md. Kamil Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Kamil Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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