Partly allowed

Santosh Kumar v. the State of Bihar

Patna HC6 Sept 2023CR. MISC./41129/2023

Case brief

AI extract

What is this about?

The Court allowed the bail application of Santosh Kumar and Sanjeet Kumar, humanitarian bail petitioners charged with murder and other offences. The Court found they were not assailants and ordered their release after serving nine months of custody with sureties.

What did the court decide?

Petitioners to be released on bail only after completion of nine months in custody, upon furnishing a bond of Rs. 10,000/- with two sureties of the same amount.

Santosh 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.41129 of 2023

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Arising Out of PS. Case No.-18 Year-2023 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna

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====================================================== SANTOSH KUMAR S/O MISHRI MAHTO R/O- Miya Toli, Khusrupur, PS. Khushrupur, Dist. Patna

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 50310 of 2023

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Arising Out of PS. Case No.-18 Year-2023 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna

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====================================================== SANJEET KUMAR S/O YOGENDRA PRASAD R/O VILLAGEMIRDAHA CHAK, PS. SALIMPUR, DIST. PATNA

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... ... Petitioner/s Versus

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THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 41129 of 2023) For the Petitioner/s : Mr.Munna Raj For the Opposite Party/s : Mr.Pradeep Narain Kumar (In CRIMINAL MISCELLANEOUS No. 50310 of 2023) For the Petitioner/s : Mr.Shambhu Sharan For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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06-09-2023 Heard learned counsel for petitioner and learned

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Additional Public Prosecutor.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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This application is filed for grant of regular bail in connection with G.R.P. Bakhtiarpur (Khusrupur) P.S. Case No.

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Patna High Court CR. MISC. No.41129 of 2023(3) dt.06-09-2023 2/3

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18/2023 registered under section 302, 201, 120B, 34 of Indian Penal Code and Section 27 of the Arms Act.

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Learned counsel for the petitioner submits that the dead body of the deceased was recovered and the FIR was registered against unknown persons. During investigation, it has come that the deceased has been killed by Mahendra and Krishna Kanhiya Kumar for dispute over some money.

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Learned counsels for the petitioners namely Santosh Kumar and Sanjeet Kumar submits that as per the self inculpatory statement of Mahendra, the petitioners are not the assailant of the deceased and it has come that they were playing card with Mahendra and Mahendra used the phone of the petitioners to call the deceased. The petitioners are in custody since 13.03.2023.

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Learned A.P.P. has vehemently opposed the prayer

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for bail.

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Considering the fact that the petitioners are not the assailants of the deceased, their application for regular bail is allowed.

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Let the petitioner, above named, be released on bail on completion of nine month in custody and on furnishing bail bond of Rs. 10,000/- (Ten thousand)with two sureties of the like

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Patna High Court CR. MISC. No.41129 of 2023(3) dt.06-09-2023 3/3

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amount each to the satisfaction of learned Railway Judicial Magistrate, Patna/Court concerned, Patna in connection with G.R.P. Bakhtiarpur (Khusrupur) P.S. Case No. 18/2023.

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(Sandeep Kumar, J)

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Sunnykr/-

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U T

Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh 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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