Allowed

Rahul Kumar v. the State of Bihar

Patna HC13 Jul 2022CR. MISC./23824/2022

Case brief

AI extract

What is this about?

Single judge oral order granting bail to two petitioners in murder, attempt to murder, and rape cases. Court allowed bail after noting earlier liberty granted subject to six-month interval has elapsed and petitioners have been in custody for over a year.

What did the court decide?

Enlargement on bail in PS Case No. 320 of 2020 (Khaira) by furnishing bail bond of Rs.10,000 with two sureties of the like amount.

Rahul Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23824 of 2022

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Arising Out of PS. Case No.-320 Year-2020 Thana- KHAIRA District- Saran

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====================================================== RAHUL KUMAR SON OF ANAND PRASAD R/O- VILLAGE-KADIPUR NABIGANJ NAGRA, P.S.-KHAIRA, DISTRICT- SARAN

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 35300 of 2022

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Arising Out of PS. Case No.-320 Year-2020 Thana- KHAIRA District- Saran ====================================================== ANAND PRASAD S/o late Phholena Prasad Resident of Village - Kadipur Nabiganj Nagra, P.S.- Khaira (Nagra), District - Saran.

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... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 23824 of 2022) For the Petitioner/s : Mr. Sanjeev Kumar, Adv. Mr. Ashok Kumar, Adv. For the State : Mr. Aditya Narayan Singh.1 For the Informant : Mr. Pramod Ban Bihari Singh, Adv. (In CRIMINAL MISCELLANEOUS No. 35300 of 2022) For the Petitioner/s : Mr. Sanjeev Kumar, Adv. Mr. Ashok Kumar, Adv. For the State : Mr. Nand Kishore Prasad, Adv. For the Informant : Mr. Pramod Ban Bihari Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 13-07-2022 Heard learned counsel for the parties.

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The petitioners in both the applications have renewed

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their prayer for bail in a case registered under sections 302, 307, 354B and other sections of the Indian Penal Code.

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As per the prosecution case, the allegation against

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Patna High Court CR. MISC. No.23824 of 2022(3) dt.13-07-2022 2/3

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the accused persons is of having assaulted the brother and other members of the informant’s family and specific allegation against these two petitioners is of having assaulted the informant’s father with a knife on his neck, back etc.

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It is submitted by learned counsel for the petitioners that the earlier prayer for bail of both the petitioners was rejected vide order dated 6.1.2022 (Annexure-1) giving liberty to the petitioners to renew their prayer for bail after six months. More than six months have passed since passing of the said order dated 6.1.2022. The petitioners are in custody since 18.2.2021 and they undertake to cooperate in the learned court below.

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The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation against the petitioners which is supported from the material that has transpired in course of investigation.

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Having heard learned counsel for the parties and taking into consideration the liberty granted to the two petitioners vide earlier order of rejection dated 6.1.2022 including the petitioners having remained in custody for more than a year since 18.2.2021, the Court directs both the

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Patna High Court CR. MISC. No.23824 of 2022(3) dt.13-07-2022 3/3

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petitioners to be enlarged on bail in connection with Khaira P.S. Case no.320 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Saran.

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(Partha Sarthy, J)

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Saurabh/-

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U T

Rahul Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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