Dismissed

Sunil Kumar @ Madhusudan Yadav @ Madhusudan Kumar v. The State of Bihar

Patna HC2 Aug 2023CR. MISC./42003/2023

Case brief

AI extract

What is this about?

The Patna High Court rejected a bail petition filed by two individuals accused of poisoning and murder. The court noted previous rejection on merit and ordered a trial conclusion within six months to allow reconsideration.

What did the court decide?

Prayer for bail stands rejected; trial court directed to conclude trial within six months or petitioners may renew bail.

Sunil Kumar @ Madhusudan Yadav @ Madhusudan Kumar… — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42003 of 2023

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Arising Out of PS. Case No.-116 Year-2021 Thana- CHAKAND District- Gaya

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

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SUNIL KUMAR @ MADHUSUDAN YADAV @ MADHUSUDAN KUMAR SON OF SRI KARUN PASWAN VILLAGE RANAPUR, PS CHAKAN, DISTRICT GAYA

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KARUN PASWAN SON OF LATE RAMSAWRUP PASWAN VILLAGE RANAPUR P S CHAKAN DISTRICT GAYA

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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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====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Ram Anurag Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

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ORAL ORDER

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3 02-08-2023

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners seek bail in connection with S.Tr. No.335/2022 arising out of Chakand P.S. Case 116/2021, registered for the offence punishable under Sections 302, 328, 120(B) & 379 of the Indian Penal.

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As per prosecution case, accusation against the petitioners is that petitioners alongwith others have concertedly poisoned informant’s son namely Deepak Kumar as a result of which he died.

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Learned counsel for the petitioners submits that

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petitioner no.1 namely Sunil Kumar @ Madhusudan Kumar is

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Patna High Court CR. MISC. No.42003 of 2023(3) dt.02-08-2023 2/3

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languishing in custody since 05.07.2021 and petitioner no.2 namely Karun Paswan @ Kairum Paswan is languishing in custody since 02.09.2021. Petitioners bear no criminal antecedent. The allegation against the petitioners is false and fabricated.

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The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners by submitting that the allegation of poisoning is supported and corroborated with the FSL report. He further submits that the prayer of bail of the present petitioners have already been rejected on merit vide order dated 13.10.2022 passed in Cr. Misc. No.70603/2021 and Cr. Misc. No.10392/2022.

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A report regarding stage of trial has been called for, from the trial court vide order dated 05.07.2023. The trial court vide letter no.463/2023 dated 11.07.2023 has sent its report which reveals that the trial of the case will be concluded within one year if prosecution co-operates in the trial and produces witnesses within time.

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Considering the facts and circumstances of the case, particularly keeping in view that earlier bail prayer of the petitioners has been rejected on merit, I am not inclined to grant bail to the petitioners. Hence, prayer for bail of the petitioners stands rejected.

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Patna High Court CR. MISC. No.42003 of 2023(3) dt.02-08-2023 3/3

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The trial court is directed to conclude the trial on

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day to day basis.

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However, if trial is not concluded within six months from the date of receipt / production of copy of this order, the petitioners may renew his prayer for bail.

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(Alok Kumar Pandey, J)

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amitkumar/-

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U T

Sunil Kumar @ Madhusudan Yadav @ Madhusudan Kumar v. The State of Bihar

Case brief

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Sunil Kumar @ Madhusudan Yadav @ Madhusudan Kumar v. The State of Bihar

Case brief

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What did the court decide?

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