Allowed

Rabish Kumar @ Bisiya v. the State of Bihar

Patna HC17 May 2022CR. MISC./49961/2021

Case brief

AI extract

What is this about?

In a bail application under Section 437 CrPC, the High Court of Patna allowed the petitioner's bail in a murder case involving death by common intention after balancing evidence of last seen theory against lack of incriminating material and co-accused bail.

What did the court decide?

Release on bail with bonds of Rs. 20,000/- and two sureties of the like amount each, subject to conditions of trial attendance and cooperation.

Rabish Kumar @ Bisiya 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.49961 of 2021

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Arising Out of PS. Case No.-545 Year-2020 Thana- KANKARBAG District- Patna

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Rabish Kumar @ Bisiya S/O Ramesh Sao R/O Mohalla-Chargharwa Gali No.2 Chiraiyantanr, P.S-Kankarbagh, District-Patna.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP

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

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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4 17-05-2022

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Let the defects, if any, be removed within four weeks from today.

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Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

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Petitioner seeks bail in a case registered in connection with Session trail no. 384 of 2020 arising out of Kankarbagh P.S.Case No. 545 of 2020 for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code .

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As per the prosecution case, it is alleged that on 30.07.2020, the accused persons taken away the brother of the informant Sonu Kumar ( deceased), who did not return back .The informant got information that one dead body was found by the Kankarbagh police, which has been sent to PMCH for

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Patna High Court CR. MISC. No.49961 of 2021(4) dt.17-05-2022 2/4

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post mortem. The informant identified the dead body of his brother and FIR has been drawn against the accused persons named in the FIR, who allegedly killed his brother with common intention.

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It is submitted by the learned counsel for the petitioner that there is no eye witness to the alleged occurrence and so far as the deceased is concerned, he was a man of criminal antecedent and few day before the occurrence , he was released on bail. It is further submitted that except the allegation that he was accompanied with the deceased in the evening on 30.07.2020, no incriminating material has come during the course of investigation. However, the police after his arrest recorded his confessional statement, which has no evidentiary value in the eye of law. It is next submitted that the petitioner has no criminal antecedent and is in custody since 01.08.2020 and moreover, one co-accused having identical allegation namely, Sachin Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 23.03.2022 in Cr. Misc. No. 44603 of 2021. The copy of the same is kept on record.

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On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that it

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Patna High Court CR. MISC. No.49961 of 2021(4) dt.17-05-2022 3/4

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is a case of last seen and the petitioner along with other coaccused persons had taken away the deceased thereafter his dead body was found.

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Considering this fact that it is case of last seen and there is no eye witness to the alleged occurrence. Petitioner is in custody since 01.08.2020 having no criminal antecedent and moreover, one co-accused having similar allegation has already been granted bail by co-ordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XXV, Patna in connection with Session Trial no.384 of 2020 arising out of Kankarbagh P.S.Case No. 545 of 2020 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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Patna High Court CR. MISC. No.49961 of 2021(4) dt.17-05-2022 4/4

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(iv) In the event of default of two consecutive dates

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without any cogent reason, his bail bonds will liable to be

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cancelled.

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(Harish Kumar, J)

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N.K/- U

Rabish Kumar @ Bisiya v. the State of Bihar

Case brief

What is this about?

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Rabish Kumar @ Bisiya v. the State of Bihar

Case brief

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