Allowed

Amit Kumar v. the State of Bihar

Patna HC1 May 2023CR. MISC./2308/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for bail, the Patna High Court granted bail to the petitioner accused of murder and armed мятеж under IPC and Arms Act, subject to standard conditions and antecedent verification.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount, subject to conditions of trial cooperation, presence, and antecedent verification.

Amit 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.2308 of 2023

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Arising Out of PS. Case No.-510 Year-2022 Thana- DAUDNAGAR District- Aurangabad

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

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AMIT KUMAR Son of Umesh Yadav @ Umesh Singh R/v- Jamuawan, P.S.Daudnagar, District- Aurangabad

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. For the Informant : Ms. Shweta Anand, Advocate Mr. Ajit Anand, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 01-05-2023

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

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Petitioner seeks bail, who is in custody since 09.09.2022 in connection with Daudnagar P.S. Case No. 510 of 2022, F.I.R. dated 03.09.2022 for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 25(1-b)a, 27, 35 and 36 of the Arms Act.

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According to prosecution case, in brief, is that the informant Sabita Devi recorded his fardbeyan on 03.09.2022 at 12.00 hours stating therein that her husband Raju Kumar alias Vijay Singh was posted in Battalion-94, C.R.P.F. at Ranchi. On 30.08.2022 her husband came home on leave and informant and

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Patna High Court CR. MISC. No.2308 of 2023(2) dt.01-05-2023 2/4

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her husband were plowing their filed at Jamuawan at that time all the F.I.R. named accused persons including the petitioner armed with weapons reached there. Upon instigation of Umesh Yadav and Chinta Devi, Aditya Kumar @ Sonu and Ankit Kumar started beating her husband with lathi. Her husband fell after being hit with lathi, then Alok Kumar Dhari shot at his temple by double barrel gun, causing death of her husband. Thereafter, Abhay Kumar alias Sadhu waved the pistol in his hand and asked other to run away as his enemy has been defeated.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that bare perusal of F.I.R. it transpired that F.I.R. in two parts, in first part there is general and omnibus allegation against all the accused persons including the petitioner and in second part, there is specific allegation of assault of the deceased is against coaccused namely, Alok Kumar Dhari. He further submits that due to previous land dispute the petitioner has falsely been implicated in the present case. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since

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Patna High Court CR. MISC. No.2308 of 2023(2) dt.01-05-2023 3/4

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09.09.2022.

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The learned counsel for the informant and learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 510 of 2022, subject to the following conditions:-

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Petitioner shall co-operate in the trial and

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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

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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

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Patna High Court CR. MISC. No.2308 of 2023(2) dt.01-05-2023 4/4

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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 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

Amit Kumar v. the State of Bihar

Case brief

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Amit Kumar v. the State of Bihar

Case brief

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