Allowed

Vinay Kumar @ Vinay Rai v. The State of Bihar

Patna HC28 Apr 2023CR. MISC./15104/2023

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to a petitioner accused of offences under Sections 302 and 34 IPC. The court was inclined to enlarge the petitioner on bail upon furnishing a bond and sureties, noting prior decisions and the petitioner's lack of antecedents in similar cases.

What did the court decide?

Enlargement on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.

Vinay Kumar @ Vinay Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15104 of 2023

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Arising Out of PS. Case No.-2 Year-2015 Thana- GAIGHAT District- Muzaffarpur

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

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VINAY KUMAR @ VINAY RAI S/O RAMAKHAYALU RAI R/vKumhraul, P.S.- Gaighat, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Prakash Shrarma For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 28-04-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

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As per prosecution case, the petitioner along with other co-accused and unknown started assaulting Ganesh Rai, father of the informant with lathi, fatta and brick at the instigation co-accused Indrajeet Rai, due to which, he succumbed to injury.

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It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due. He has committed no offence. There is general and omnibus allegation against the petitioner. During the course of investigation, the statement of witnesses recorded u/s 164 of the

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Patna High Court CR. MISC. No.15104 of 2023(2) dt.28-04-2023 2/2

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Cr.P.C., suggests that death was accidental. He further submitted that the others co-accused namely, Anjani Kumar and Bijali Kumar @ Shyam Kumar @ Shyam Babu Kumar have already been granted bail by a Co-ordinate Bench vide order dated 22.06.2022/24.06.2021 passed in Cr. Misc. No. 59710 of 2021/ 8550 of 2021. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.11.2022.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Gaighat P.S. Case No. 02 of 2015.

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(Sunil Kumar Panwar, J)

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arish/-

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U T

Vinay Kumar @ Vinay Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vinay Kumar @ Vinay Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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