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Durga Kumar v. The State of Bihar

Patna HC15 Feb 2023CR. MISC./40149/2022

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner in PS Case No. 42 of 2021, directing his release upon surrender within twelve weeks, subject to furnishing bail bonds and complying with statutory conditions.

What did the court decide?

Petitioner released on anticipatory bail upon surrender within twelve weeks by furnishing Rs. 10,000 bail bond with two sureties under Section 438(2) CrPC.

Durga Kumar 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.40149 of 2022

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Arising Out of PS. Case No.-42 Year-2021 Thana- SAKURABAD District- Jehanabad

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

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DURGA KUMAR Son of Late Rambabu Prasad Resident of Village and Post office and police Station- sakurabad, District - Jehanabad.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Indradeo Prasad, Advocate For the Opposite Party : Mr. Parmeshwar Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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3 15-02-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

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The petitioner is apprehending his arrest in Shakurabad P.S. Case No. 42 of 2021 registered under Section188/409 of the Indian Penal Code.

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Earlier prayer for anticipatory bail of the petitioner was dismissed for want of prosecution.

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It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses is alleged against the petitioner. The petitioner has been made accused due to mistake of fact. Due to

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Patna High Court CR. MISC. No.40149 of 2022(3) dt.15-02-2023 2/2

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wrong entry in M.B. book, the present case has been instituted. Under the rule, the petitioner is only an executive agent. The other co-accused with similar allegation has already been granted anticipatory bail by a coordinate bench of this court vide order dated 21-12-2022 passed in Cr. Misc. No. 29582 of 2022.

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Learned counsel for the State submits that the petitioner is named in the FIR.

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Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jehanabad in connection with Shakurabad P.S. Case No. 42 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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A.K.V.//-

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U T

Durga Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Durga 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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