Allowed

Anil Kumar v. the State of Bihar

Patna HC21 Feb 2023CR. MISC./64229/2022

Case brief

AI extract

What is this about?

This is an oral bail order in a criminal miscellaneous petition filed against FIR allegations of dacoity and possession of firearms. The High Court, noting the petitioner was not eye-witness apprehended and investigation is complete, directed his release on bail upon furnishing security and satisfying the conditions of Section 437(3) Cr.P.C.

What did the court decide?

Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of like amount each, subject to conditions under Section 437(3) Cr.P.C.

Anil 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.64229 of 2022

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Arising Out of PS. Case No.-417 Year-2018 Thana- SARAIYA District- Muzaffarpur

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ANIL KUMAR Son of Vasudev Choudhary R/O Vill- Gangoi, P.S- Paroo, District- Muzaffarpur

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Dr. Bipin Chandra, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 21-02-2023

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Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

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

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The petitioner seeks bail in connection with Saraiya P.S. Case No. 417 of 2018 registered for the offence under Sections 399, 402 and 34 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act.

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The accused/petitioner is named in the F.I.R. and is in custody since 30.06.2022.

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The allegation against the petitioner is to involved in preparation of dacoity along with other co-accused persons and found in possession of country made firearms along with cartridges.

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Patna High Court CR. MISC. No.64229 of 2022(2) dt.21-02-2023 2/3

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Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended from spot and mere on the basis of disclosure as made by apprehended coaccused person, his name surfaced in the present case. It is also submitted that alleged firearms along with cartridges were recovered from the conscious physical possession of other coaccused is of no connection with the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State, opposes the prayer of bail.

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Considering the facts and circumstances as mentioned above and by taking note of fact that this petitioner was not apprehended on spot coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Saraiya P.S. Case No. 417 of 2018, on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1^st (W),

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Patna High Court CR. MISC. No.64229 of 2022(2) dt.21-02-2023 3/3

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Muzaffarpur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

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(Chandra Shekhar Jha, J)

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S.Katyayan/-

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U T

Anil Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Anil 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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