Allowed

Shuvam Kumar @ Hathkatta v. the State of Bihar

Patna HC28 Nov 2022CR. MISC./46435/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, who was in custody for offences including murder and explosives charges based on CCTV footage. The court observed that the accusation was vague and noted that similarly situated accused had been granted bail by coordinate benches, directing release on furnishing bail bonds.

What did the court decide?

The petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs. 10,000/- with two sureties of the like amount each.

Shuvam Kumar @ Hathkatta Vs the State of Bihar — Cheque Dishonour | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

CRIMINAL MISCELLANEOUS No.46435 of 2022

¶3

Arising Out of PS. Case No.-103 Year-2021 Thana- NOWKOTHI GARHPURA District-

¶4

Begusarai

¶5

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

¶6

Shuvam Kumar @ Hathkatta, aged about 25 years, male, S/o Manoj Kumar Singh @ Manoj Kumar, Resident of Village- Pahsara, P.S.- Nawkothi, District- Begusarai.

¶7

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Jai Narain Thakur, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

¶9

ORAL ORDER

¶10

2 28-11-2022 Heard the learned counsel for the parties.

¶11

The petitioner, who is in custody since 08.09.2021, seeks bail in connection with Nawkothi P.S. Case No. 103 of 2021, dated 23.07.2021, instituted for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 3 and 4 of the Explosive Substance Act, 1908.

¶12

Patna High Court CR. MISC. No.46435 of 2022(2) dt.28-11-2022 2/3

¶13

The father of the deceased has alleged that his

¶14

son was assaulted by 10 to 15 unknown persons who later fled away in different directions. The name of the petitioner in this case has transpired on the basis of CCTV footage in which his picture has been captured.

¶15

Mr. Alok Kumar Alok, the learned Advocate for the petitioner submits that merely remaining in the frame of the CCTV footage would not lead to the only inference that the petitioner had participated in the occurrence. He could be an onlooker as well. It has further been submitted that it is not clear from the impugned order whether the CCTV footage was absolutely clear so as to warrant prosecution and incarceration of the petitioner only on the basis of such photo image.

¶16

Be that as it may, considering the vague nature of accusation against the petitioner and the fact that similarly situated accused persons have been granted bail by co-ordinate Benches of this Court as also the

¶17

Patna High Court CR. MISC. No.46435 of 2022(2) dt.28-11-2022 3/3

¶18

period of custody, the petitioner, above-named, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Begusarai in connection with Nawkothi P.S. Case No. 103 of 2021.

¶19

The application stands allowed.

¶20

(Ashutosh Kumar, J)

¶21

Praveen-II/-

¶22

U T

Shuvam Kumar @ Hathkatta v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shuvam Kumar @ Hathkatta v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arvind Choudhary Vs The State of Bihar

Dhananjay Kumar Vs The State of Bihar

Barun Yadav Vs The State of Bihar

Surendra Goswami @ Bauni Vs The State of Bihar

Shashi Bhushan Sharma @ Shashi Bhushan Kumar @ Chulbul Vs The State of Bihar

Anil Paswan Vs The State of Bihar