Disposed

Vicky Kumar v. The State of Bihar

Patna HC12 May 2023CR. MISC./20102/2023

Case brief

AI extract

What is this about?

Anticipatory bail application in a Gopalganj murder case registered under Sections 302 and 34 IPC. The court found the specific allegation of stabbing was against co-accused Prabhat Kumar, with no specific allegation against the petitioner, and held a prima facie case for anticipatory bail was made out.

What did the court decide?

Petitioner directed to be released on anticipatory bail on bail bond of Rs. 10,000 with two like sureties to CJM, Gopalganj, subject to Section 438(2) Cr.P.C. conditions.

Vicky Kumar 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.20102 of 2023

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Arising Out of PS. Case No.-486 Year-2022 Thana- GOPALGANJ TOWN District-

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Gopalganj

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

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Vicky Kumar S/O- Shambhu Prasad Village- Shyam Cinema Road, Po Gopalganj, Ps Gopalganj, District Gopalganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Devashish Giri, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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3 12-05-2023

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Heard Mr. Devashish Giri, learned counsel appearing

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on behalf of the petitioner and Mr. Suresh Prasad Singh, learned APP appearing on behalf of the State.

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The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 486 of 2022 registered under Sections 302 and 34 of the Indian Penal Code.

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The prosecution story, in brief, is that the son(deceased) of the informant had gone to attend the marriage ceremony where he got involved in fierce fight with some persons due to which the deceased was assaulted by knife on his

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Patna High Court CR. MISC. No.20102 of 2023(3) dt.12-05-2023 2/4

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stomach and during course of medical treatment he died. The F.I.R. is against unknown persons.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he was not present at the place of occurrence. Learned counsel further submits that informant had recorded her restatement on 15.06.2022, on the basis of information given by the witnesses who were present at the place of occurrence, in which she has stated that co-accused namely Prabhat Kumar had stabbed her son in the stomach after that the victim was taken to the hospital and on 12.06.2022 in course of treatment the victim died. Learned counsel further stated that informant is not the eye witness. Learned counsel further submits that even after considering the restatement of the informant no specific allegation of assaulting the victim has been made against the petitioner rather the allegation is general and omnibus

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Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the witnesses who were present at the place of occurrence in course of investigation has supported the case of the informant.

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Having considered the rival submission of the

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Patna High Court CR. MISC. No.20102 of 2023(3) dt.12-05-2023 3/4

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parties as well as the matter which has come in course of investigation in the case diary, the specific allegation of committing murder is against one co-accused Prabhat Kumar. No specific allegation has been made against the petitioner by any of the witnesses.

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In above view of the matter, I am of the opinion that the petitioner has made out a, prima facie, case to be released on anticipatory bail.

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Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 486 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

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The present bail application accordingly, stands

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Patna High Court CR. MISC. No.20102 of 2023(3) dt.12-05-2023 4/4

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disposed of.

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(Purnendu Singh, J)

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minu/nilmani

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U T

Vicky Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vicky Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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