Partly allowed

Ujjawal Kumar v. the State of Bihar

Patna HC21 Sept 2021CR. MISC./36020/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail regarding a criminal case involving alleged stabbing, the Patna High Court directed the petitioner to remove defects within four weeks. Subsequently, the court granted anticipatory bail on a personal bond, requiring surrender within twelve weeks and furnishing bail bonds with sureties within eight weeks after normalcy restoration.

What did the court decide?

Granted anticipatory bail on personal bond subject to conditions of removing defects, surrender within twelve weeks, and furnishing bail bonds with sureties within eight weeks after normalcy.

Ujjawal Kumar 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.36020 of 2021

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Arising Out of PS. Case No.-250 Year-2020 Thana- MAHARAJGANJ District- Siwan

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

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UJJAWAL KUMAR Son of Pradip Kumar Resident of Mohalla - Purani Bazar, P.S. Maharajganj, District - Siwan, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Mukesh Kant For the Opposite Party/s : Mr. Ram Sewak Choudhary, APP

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

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 21-09-2021

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Heard learned counsel for the petitioner and the

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State through virtual mode.

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Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in Maharajganj P.S. Case No. 250 of 2020 registered for the offence under Sections 324, 342, 323, 326, 307, 338, 504, 506/34 of the Indian Penal Code.

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Allegation against the petitioner is of stabbing knife thrice in the stomach of the informant.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

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Patna High Court CR. MISC. No.36020 of 2021(3) dt.21-09-2021 2/3

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petitioner has been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. It has further been submitted that from perusal of the injury report prepared by the Medical Officer, at Primary Health Centre, Maharajganj, it appears that one incised wound was found on the abdomen of the informant. The injury report issued by the Primary Health Centre, Maharajganj does not corroborate the allegation made in the FIR. The petitioner has been implicated in the present case due to political rivalry.

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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Considering the aforesaid facts and circumstances of the case, the petitioner, 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 his personal bond to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 250 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 petitioner shall

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Patna High Court CR. MISC. No.36020 of 2021(3) dt.21-09-2021 3/3

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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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(Sudhir Singh, J)

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A.K.V.//-

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U T

Ujjawal Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ujjawal Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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