Allowed

Rajeev Kumar v. the State of Bihar

Patna HC22 Jan 2022CR. MISC./39391/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for bail, the Patna High Court considered allegations of murder and attempted murder under IPC sections 302/307. The court granted regular bail, finding the petitioner falsely implicated with no direct allegations and no prior record.

What did the court decide?

Petitioner granted regular bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.

Rajeev Kumar Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39391 of 2021

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Arising Out of PS. Case No.-131 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai

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

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RAJEEV KUMAR S/O MR. ARJUN CHOUDHARY R/O MOHALLASARVODAYNAGAR, P.S-NAGAR, DISTRICT-BEGUSARAI.

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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. Ajay Kumar Thakur, Adv. Mr. Vaishnavi Singh, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 22-01-2022

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Heard Mr. Ajay Kumar Thakur, learned counsel for

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the petitioner and Mr. Nirmal Kumar Sinha, Additional Public Prosecutor for the State through video conferencing.

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Petitioner seeks regular bail in connection with Begusarai Town PS Case No. 131/2021 registered for the offence punishable under Section 147, 148, 149, 448, 452, 324, 307, 302 of the IPC.

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The allegation, in a nutshell, is that on 15.02.2021 at 10:00 PM, ten to fifteen persons came to the house of informant and inquired about his son Sunny Kumar and took him away along with them. Later on, the informant came to know that the accused persons with an intention to kill his son assaulted him and his son was hospitalized where, during course of treatment,

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Patna High Court CR. MISC. No.39391 of 2021(2) dt.22-01-2022 2/3

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the son of informant died. It is further alleged that on the instigation of petitioner, the accused persons have assaulted and killed his son and friend of the deceased, namely, Karan Kumar was also assaulted by the accused persons.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any material and merely on the basis of suspicion that the petitioner has instigated the accused persons to kill the son of the informant. He further submits that the statement of friend of the deceased who received injury was recorded during course of investigation and he did not disclose the name of the petitioner.

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Learned counsel next submits that petitioner having no antecedent is in custody since 16.02.2021. Charge-sheet has already been submitted.

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Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner having no antecedent is in custody since 16.02.2021, charge-sheet has already been submitted and there is no direct allegation against the petitioner, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, RAJEEV KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

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Patna High Court CR. MISC. No.39391 of 2021(2) dt.22-01-2022 3/3

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Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town PS Case No. 131/2021.

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(Anil Kumar Sinha, J)

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perwez

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U T

Rajeev Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rajeev 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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