Allowed

Bittu Kumar v. The State of Bihar

Patna HC12 Sept 2023CR. MISC./61431/2023

Case brief

AI extract

What is this about?

This is an oral order granting regular bail to four petitioners accused under sections 341, 323, 307, 504 and 427 read with section 34 of the IPC. The court allowed the bail application after noting the petitioners' clean antecedents and the general nature of allegations.

What did the court decide?

Enlargement of petitioners on bail on furnishing security of Rs. 20,000/- each with two sureties of like amount.

Bittu 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.61431 of 2023

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Arising Out of PS. Case No.-384 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai

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

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BITTU KUMAR Son of Late RAM BALI PRASAD YADAV VILLAGE KHARHAT, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI

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Amlesh Kumar Son of Late Ram Bali Prasad Yadav VILLAGE KHARHAT, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI

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Sanij Kumar Son of Late Ram Bali Prasad Yadav VILLAGE KHARHAT, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI

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Amit Kumar @ Ajit Kumar Son of Late Ram Bali Prasad Yadav VILLAGE KHARHAT, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI

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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.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 12-09-2023

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Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

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2. Heard learned counsel for the petitioners and learned APP for the State.

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3. The petitioners have preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 384 of 2020 dated 12.12.2020 registered for the offences punishable u/ss 341, 323, 307, 504, 427 read with Section 34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.61431 of 2023(2) dt.12-09-2023 2/3

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4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have came at the shop of the informant and started demanding articles on credit. On being objected by the informant, all the accused persons started assaulting him with iron rod, lathi, danda and farsa as a result of which the informant sustained injuries on his forehead and nose. Thereafter, the informant was taken to the hospital for treatment.

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5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case Nothing has been recovered from the possession of the petitioners. There is general and omnibus allegation against the petitioners. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 23.07.2021 passed in Cr. Misc. No. 29979 of 2021. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.06.2023.

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6. Learned A.P.P. for the State has opposed the bail petition of the petitioners and submitted that the C.T. Scan report shows displaced communicated fracture at fronto ethmoidal region involving the left frontal sinus medieval walls and floor of both orbits and nasal bones on either side.

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Patna High Court CR. MISC. No.61431 of 2023(2) dt.12-09-2023 3/3

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7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 384 of 2020.

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8. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bittu 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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