Disposed

Babun Yadav @ Dharmendra Kumar v. The State of Bihar

Patna HC2 Mar 2022CR. MISC./8276/2022

Case brief

AI extract

What is this about?

Single-judge oral order setting aside an earlier custody order on terms requiring petitioner to deposit court fee and remove investigation defects, with the prayer to be renewed post-framing of charge.

What did the court decide?

Custody order set aside conditionally; stay pending discharge of undertaking to deposit court fee and correct defects; leave to renew bail prayer after charge framing.

Babun Yadav @ Dharmendra Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8276 of 2022

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Arising Out of PS. Case No.-177 Year-2020 Thana- TEKARI District- Gaya

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

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Babun Yadav @ Dharmendra Kumar, male, aged about 34 years, Son of Parshuram Yadav Resident of Village- Malshari, P.S.- Tekari and DistrictGaya (Bihar)

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Manish Kumar No 2, Adv. For the Opposite Party : Mr. Zainul Abedin, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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3 02-03-2022

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Heard learned counsel for the petitioner and learned APP for the State.

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Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

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The petitioner seeks bail in connection with Tekari (Panchanpur O.P.). P. S. Case No. 177 of 2020 for the offence punishable under Sections 341, 323, 307,302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Learned counsel for the petitioner has submitted that the petitioner has now remained in custody since 01-07-2020. The submission is that even the charge has not been framed and in

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Patna High Court CR. MISC. No.8276 of 2022(3) dt.02-03-2022 2/2

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view of the fact that there is no progress at the trial, the petitioner may be enlarged on bail. Based on a dispute over sharing of pensionary benefits of their father, the petitioner’s brother Chhotu has fired upon the informant’s father. The petitioner is brother-in-law of the informant’s brother. The allegation of firearm injury is attributed upon the petitioner is not corroborated in the investigation. After making such submissions, he submits that he would be renewing his prayer after framing of charge.

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Application stands disposed of.

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(Madhuresh Prasad, J)

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shyambihari/-

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U T

Babun Yadav @ Dharmendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Babun Yadav @ Dharmendra 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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