Partly allowed

Deepak Kumar v. The State of Bihar

Patna HC8 May 2023CR. MISC./4089/2023

Case brief

AI extract

What is this about?

The court granted provisional bail to the petitioner in connection with a case under IPC sections 341, 323, 307, 504/34 and Arms Act Section 27, directing the lower court to pass a fresh order on merit upon receipt of the injury report.

What did the court decide?

Release on provisional bail of Rs.10,000 with two sureties, subject to lower court passing fresh order on merit after receipt of injury report.

Deepak Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4089 of 2023

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Arising Out of PS. Case No.-300 Year-2022 Thana- BAKHTIYARPUR District- Patna

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

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DEEPAK KUMAR Son of Umesh Prasad, Resident of Village - Ghanghdih, P.S.- Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Ranjan For the Opposite Party/s : Mr.Sanjay Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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3 08-05-2023

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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 is seeking regular bail in connection with Bakhtiyarpur P.S. Case No. 300 of 2022, registered for offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

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The allegation against the petitioner is that he fired shot, which hit the left side jaw of the informant’s son.

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The learned counsel for the petitioner has submitted that the injury report of P.M.C.H. has not been received and in the order of the learned Sessions Judge also it has not been mentioned. The injury report of Primary Health Centre shows that the son of the informant has received lacerated wound over the left side below infraorbital region size approx. 2 inch in length. He has submitted further that the petitioner is a person of clean antecedent and is under

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Patna High Court CR. MISC. No.4089 of 2023(3) dt.08-05-2023 2/2

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custody since 16.11.2022.

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Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on provisional bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh (Patna) in connection with Bakhtiyarpur P.S. Case No. 300 of 2022, subject to the following conditions:-

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(i) The learned court below shall pass a fresh order on merit after receipt of the injury report from P.M.C.H.

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(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

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With the above observation/direction, this criminal miscellaneous petition is disposed of.

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(Nawneet Kumar Pandey, J)

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Mahesh/- U T

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak 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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