Allowed

Ankush Kumar @ Aayush Kumar v. The State of Bihar

Patna HC9 May 2023CR. MISC./12278/2023

Case brief

AI extract

What is this about?

Single judge PIL sought bail for the petitioner, who was in custody since October 2022 for alleged kidnapping and armed offences. The court released the petitioner on bail subject to conditions including antecedent verification. No other substantive order was passed.

What did the court decide?

Petitioner granted bail on furnishing bond of Rs. 10,000 with two sureties of like amount.

Ankush Kumar @ Aayush Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12278 of 2023

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Arising Out of PS. Case No.-145 Year-2022 Thana- Begusarai Muffasil District- Begusarai

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

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ANKUSH KUMAR @ AAYUSH KUMAR Son of Saroj Kumar @ Ashok Singh Resident of Village- Nayagaown ( Wrongly made accused in the FIR as Balahpur), P.S.- Nayagaown, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 09-05-2023

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Petitioner seeks bail, who is in custody since 10.10.2022 in connection with Begusarai Muffasil P.S. Case No. 145 of 2022, F.I.R. dated 19.03.2022 for the offences punishable under Sections 364/34 of the Indian Penal Code and Section 27 of the Arms Act.

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According to prosecution case, petitioner and other coaccused persons forcibly abducted and dragging the informant into four wheeler in which seven persons were seated armed with pistols, lathi and rods who started firing upon the prosecution party.

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Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.12278 of 2023(2) dt.09-05-2023 2/4

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petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that F.I.R. is in two parts. In first part, there is allegation against the petitioner that he abused and threatened to kill the informant and in the second part in the F.I.R., the allegation against the petitioner is that he and other co-accused persons abducted the informant and fired upon the informant. Learned counsel for the petitioner further submits that the allegation against the petitioner in the second part is general and omnibus and the similar allegation was against co-accused Bittu Kumar that he also accompanied with the petitioner has been granted bail by a Coordinate Bench of this Court vide order dated 31.01.2023 in Cr. Misc. No. 41571 of 2022 and another co-accused Manshu Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 31.01.2023 in Cr. Misc. No. 43910 of 2022 and another co-accused namely, Bhola Kumar has been granted bail by this Court vide order dated 27.02.2016 passed in Cr. Misc. No. 57503 of 2022 respectively. He further submits that the police after investigation submitted charge-sheet against the petitioner and the petitioner is in custody since 10.10.2022.

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Learned APP for the State has opposed the prayer for

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Patna High Court CR. MISC. No.12278 of 2023(2) dt.09-05-2023 3/4

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bail of the petitioner.

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Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Begusarai Muffasil P.S. Case No. 145 of 2022, subject to the following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the

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Patna High Court CR. MISC. No.12278 of 2023(2) dt.09-05-2023 4/4

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court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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mdrashid/-

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U T

Ankush Kumar @ Aayush Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankush Kumar @ Aayush 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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