Dismissed

Nitish Kumar @ Pintu Kumar @ Nitish Kumr v. The State of Bihar

Patna HC3 Jan 2023CR. MISC./13053/2022

Case brief

AI extract

What is this about?

This judgment denies the petitioner's application for anticipatory bail in a case involving murder and firearm offenses. The court applied a recent Supreme Court decision, ruling that since process under Sections 82 and 83 of the CrPC had already been issued, the petitioner was not eligible for bail.

What did the court decide?

Application for anticipatory bail rejected. Petitioner directed to remove defects within one month.

Nitish Kumar @ Pintu Kumar @ Nitish Kumr Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13053 of 2022

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Arising Out of PS. Case No.-43 Year-2017 Thana- CHANDRADIP District- Jamui

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====================================================== NITISH KUMAR @ PINTU KUMAR @ NITISH KUMR Son of Sri Mundrika Yadav @ Mundrika Prasad Permanent resident of VillageManniyatri, P.S.- kaukol, District- Nawada, at present resident of VillageShikharpur, P.S.- Govindpur, District- Nawada.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No 13 Mr. Rohit Kumar For the Opposite Party/s : Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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6 03-01-2023

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The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

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Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 43 of 2017, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

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One Arun Kumar Diwakar is informant of this case.

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Patna High Court CR. MISC. No.13053 of 2022(6) dt.03-01-2023 2/3

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He lodged FIR mentioning therein that when he was present in Revenue Office along with his father, co-accused Sangeeta Kumari came there for a short while and returned. Later on, four accused persons came there and co-accused Sangeeta Kumari pointed out towards father of the informant, whereupon co-accused Upendra Yadav fired shot by his pistol, which passed near the temporal region of Ambika Prasad Yadav. Thereafter, the petitioner fired shot on the father of the informant, who died at the spot.

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The learned counsel for the petitioner has submitted that the entire allegation is false. Prior to lodging of the present case, Chandradeep P.S. Case No. 42 of 2017 has been lodged at the statement of S.H.O. of that Police Station.

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Paragraph 215 of the case diary shows that the process under Sections 82 and 83 of the Code of Criminal Procedure has been issued, as such, in light of the recent decision of the Hon’ble Supreme Court in the case of Prem Shankar Prasad vs. State of Bihar and Another (2021 SCC online SC 955), the petitioner is not entitled for anticipatory bail.

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Patna High Court CR. MISC. No.13053 of 2022(6) dt.03-01-2023 3/3

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Accordingly, it is rejected.

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Office shall ensure that all defects are removed by

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the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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Nirmal/Kundan U T

Nitish Kumar @ Pintu Kumar @ Nitish Kumr v. The State of Bihar

Case brief

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Nitish Kumar @ Pintu Kumar @ Nitish Kumr v. The State of Bihar

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