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Satish Kumar @ Satish Kumar Prasad v. The State of Bihar

Patna HC9 Dec 2022CR. MISC./45530/2022

Case brief

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What is this about?

The High Court of Patna granted bail to the petitioner in a criminal proceeding alleging culpable homicide and possession of arms, directing him to be released upon furnishing a bail bond with two sureties and subject to standard conditions regarding trial cooperation.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties of the like amount in connection with Dhansoi P.S. Case No. 48 of 2022

Satish Kumar @ Satish Kumar Prasad Vs The State of… — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45530 of 2022

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Arising Out of PS. Case No.-48 Year-2022 Thana- DHANSOI District- Buxar

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

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SATISH KUMAR @ SATISH KUMAR PRASAD SON OF ASHOK KUMAR R/O MOHALLA- THANA ROAD, BUXAR, P.S.- BUXAR TOWN, DISTRICT- BUXAR

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Brajesh Kumar Singh For the Opposite Party/s : Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 09-12-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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

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The petitioner seeks bail in connection with Dhansoi P.S. Case No. 48 of 2022 registered for the offences punishable under Sections 393 of the Indian Penal Code read with Sections 25(1-b)A/26 of the Arms Act.

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As per prosecution case, when the informant reached his shop for checking then he heard some noise inside the shop. It is further alleged that the informant raised alarm then one Lali Yadav also reached there to help

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Patna High Court CR. MISC. No.45530 of 2022(2) dt.09-12-2022 2/4

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the informant. On opening the shop, three persons were found inside there and meantime they started to beat Lali Yadav. On making noise by informant, local people assembled there. On search of the shop, it was found that the accused persons tried to cut/broke the Almirah inside the shop, eastern side shutter of the shop has been broken. Iron rod and bullets have also been found inside the shop.

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Learned counsel for the petitioner submits that petitioner is in custody since 10.05.2022. Petitioner bears one criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is not named in the F.I.R. Name of present petitioner has been transpired upon the confessional statement of Gopal Kumar alias Nirhu. Nothing has been recovered from the conscious possession of the petitioner. Except confessional statement, there is nothing on record to demonstrate the connectivity of the present petitioner with the alleged occurrence.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Patna High Court CR. MISC. No.45530 of 2022(2) dt.09-12-2022 3/4

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Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, nothing has been recovered from the conscious possession of the petitioner as submitted, argument advanced on behalf of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate – III, Buxar in connection with Dhansoi P.S. Case No. 48 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence

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Patna High Court CR. MISC. No.45530 of 2022(2) dt.09-12-2022 4/4

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or the witnesses, in that case, the prosecution will be at

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liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Satish Kumar @ Satish Kumar Prasad v. The State of Bihar

Case brief

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Satish Kumar @ Satish Kumar Prasad v. The State of Bihar

Case brief

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