Allowed

Prabhash Kumar v. The State of Bihar

Patna HC27 Sept 2022CR. MISC./69392/2021

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in criminal miscellaneous proceedings arising from a PS case involving assault and alleged murder. The court considered the submissions regarding the discrepancy between police allegations and the post-mortem report along with clean antecedents and custodial period before ordering release on bail subject to standard and conditional requirements.

What did the court decide?

Directed release of the petitioner on bail by furnishing sureties of Rs. 20,000/- each along with the petitioner.

Prabhash 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.69392 of 2021

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Arising Out of PS. Case No.-282 Year-2020 Thana- NARHATT District- Nawada

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

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Prabhash Kumar, S/o Ram Ratan Singh, Resident of Village- Katgarha, P.S.Sitamarhi O.P., District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s : Md. Iftekhar Mahmood, APP For the informant : Mr. Ajay Kumar Sharma, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

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3 27-09-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.

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In the present case, the petitioner seeks bail in connection with Narhat (Sitamarhi) P.S. Case No. 282 of 2020 registered for the alleged offences under Sections 147, 148, 149, 302, 307, 354, 504 and 506 of the Indian Penal Code.

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As per prosecution case, the petitioner and other coaccused persons came to the land of the informant's family and on orders of co-accused Sudhir Singh, the petitioner and coaccused Navneet Kumar assaulted the uncle of the husband of

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Patna High Court CR. MISC. No.69392 of 2021(3) dt.27-09-2022 2/4

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the informant with bhala and garasa causing injuries on his arms and right leg. When the informant and her mother-in-law tried to save him co-accused assaulted her with farsa and another co-accused Navneet Kumar gave bhala blow on her head. These two co-accused also assaulted her on legs with sharp weapon. Co-accused Sunil Singh assaulted the uncle of the informant with sharp weapon causing injuries on her right leg and on her right hand. The injured persons were taken to the hospital where the uncle of the husband of the informant died during treatment.

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The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. The present case is a counter blast of the case filed by co-accused Navin Kumar vide Narhat (Sitamarhi) P.S. Case No. 281 of 2020 registered under Sections 147, 149, 457, 323, 379, 427, 354, 504 and 506 of the Indian Penal Code against the informant and others. The Title Suit No. 294 of 2020 is also pending before the learned court of Sub Judge-1, Nawada between the parties. Learned counsel further submits that the deceased was an old age person and the informant with the help of others got executed a sale deed in her favour and when the deceased was informed about execution of

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Patna High Court CR. MISC. No.69392 of 2021(3) dt.27-09-2022 3/4

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the sale deed, he denied executing sale deed for his land to any person. As a result of which, informant and others murdered the deceased of this case and a complaint case bearing 180 of 2021 has been lodged by one Mina Devi against the informant and her husband. Learned counsel further submits that even the allegation is not supported by the post-mortem report as it shows death was caused due to fracture of both lungs which resulted from hypovolemic shock caused due to assault by heavy blunt substance, but the allegation against the petition is that of using bhala and garasa. Moreover, this allegation is also against co-accused Navneet Kumar. The petitioner is in custody since 22.10.2021 and the charge-sheet has been submitted in this case. The petitioner has got clean antecedent.

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Learned APP as well as learned counsel for the informant oppose the prayer for bail. Learned counsel for the informant submits that the allegations have been made against this petitioner that he along with co-accused assaulted the uncle of the husband of the informant who subsequently died during his treatment.

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Perused the records.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

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Patna High Court CR. MISC. No.69392 of 2021(3) dt.27-09-2022 4/4

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general allegation against this petitioner is not corroborated by the post-mortem report and also considering the clean antecedent of petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Nawada in connection with Narhat (Sitamarhi)P.S. Case No. 282 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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balmukund/-

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U T

Prabhash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prabhash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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