Allowed

Nawal Kishor Prasad v. The State of Bihar

Patna HC27 Apr 2022CR. MISC./21102/2022

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AI extract

What is this about?

The Court allowed a modification application in a criminal appeal. It held that the appellant's brother-in-law, Uma Shankar Prasad, may be considered a close relative for fulfilling a specific bail condition subject to the Additional Sessions Judge's satisfaction.

What did the court decide?

The earlier order dated 27-08-2021 is modified to consider Uma Shankar Prasad as a close relative for compliance with Condition No.(i).

Nawal Kishor Prasad Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21102 of 2022

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CRIMINAL APPEAL (SJ) No.828 of 2021

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Arising Out of PS. Case No.-36 Year-2015 Thana- DHAKA District- East Champaran

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

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Nawal Kishor Prasad, aged about 63 years, Gender- Male, Son of Late Rajendra Prasad Resident of Village - Bara Jairam, P.S.- Chiraiya, Distt.- East Champaran.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Madhurendra Kumar, Adv. For the Opposite Party : Mr. Sujit Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 27-04-2022

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Heard learned counsel for the petitioner and learned counsel for the State.

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Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

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The present application has been filed for modifying the order dated 27-08-2021 passed in Cr. Appeal (SJ) No. 828 of 2021. It is submitted that for ensuring compliance with condition No (i), the only relative available is brother-in-law of the appellant.

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Considering the aforesaid submissions, this Court would

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Patna High Court CR. MISC. No.21102 of 2022(2) dt.27-04-2022 2/2

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observe that brother-in-law of the appellant, namely Uma Shankar Prasad may be considered to be a close relative of the appellant for the purposes of compliance of condition No.(i) in order dated 27-08-2021 passed in Cr. Appeal (SJ) No. 828 of 2021, subject to satisfaction of learned Additional Sessions Judge VIIth East Champaran, Motihari, in connection with Sessions Trial No. 642 of 2015, arising out of Dhaka P.S. Case No. 36 of 2015.

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The order dated stands modified to the aforesaid extent. Modification application is allowed accordingly.

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(Madhuresh Prasad, J)

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shyambihari/-

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Nawal Kishor Prasad v. The State of Bihar

Case brief

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Nawal Kishor Prasad v. The State of Bihar

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