Allowed

Tuntun Pandey @ Ashok Kumar Pandey @Ashok Pandey v. The State of Bihar

Patna HC23 Feb 2023CR. MISC./66817/2022

Case brief

AI extract

What is this about?

This oral order granted bail to a petitioner in a murder case. The accused was not named in the FIR, investigation was completed, and the charge-sheet was filed. The court considered the absence of FIR allegations against him and the completion of investigation.

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount.

Tuntun Pandey @ Ashok Kumar Pandey @Ashok Pandey… — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66817 of 2022

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Arising Out of PS. Case No.-98 Year-2019 Thana- BARARI District- Katihar

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

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Tuntun Pandey @ Ashok Kumar Pandey @Ashok Pandey S/o Shivji Pandey @ Shivmuni Pandey R/o Village- Bakharpur, P.S.- Pirpainti, Distt- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 23-02-2023

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

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The petitioner seeks bail in connection with Barari (Semapur) P.S. Case No.98 of 2019 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code.

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The accused/petitioner is not named in the F.I.R. and is in custody since 01.07.2022.

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The allegation against the petitioner is to commit the murder of the brother of informant alongwith other unknown co-accused persons by causing firearm injury due to previous enmities.

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Learned counsel appearing on behalf of the petitioner submitted that petitioner was not named in the F.I.R. and his name surfaced during the course of investigation after one year

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Patna High Court CR. MISC. No.66817 of 2022(2) dt.23-02-2023 2/3

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and nine months, when the father of informant named this petitioner. It is submitted from the bare perusal of the F.I.R. the allegation of firing is available against named co-accused, namely, Basuki Thakur, Sanjay Thakur and Suman Kunwar. It is also submitted that other named co-accused, namely, Sunil Kumar Mandal has already been granted bail through one of the learned Co-ordinate Bench of this Court through Cr. Misc. No.63098 of 2021 vide order dated 25.03.2022. It is also pointed out that petitioner is a man of clean antecedent but police wrongly mentioned his criminal antecedent in para no. 58 of the case diary, where charge-sheet of the said case not reveals the name of petitioner as an accused. While concluding the argument, it is submitted that 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, while opposing the prayer for bail fairly conceded that petitioner is not named in the F.I.R.

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In view of the facts and circumstances as mentioned above and by taking note of the fact as allegation of firing is not available against this petitioner coupled with the fact that charge-sheet has already been submitted, let above named

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Patna High Court CR. MISC. No.66817 of 2022(2) dt.23-02-2023 3/3

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petitioner is directed to be released on bail in connection with Barari (Semapur) P.S. Case No.98 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Katihar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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(Chandra Shekhar Jha, J.)

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S.Tripathi/-

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U T

Tuntun Pandey @ Ashok Kumar Pandey @Ashok Pandey v. The State of Bihar

Case brief

What is this about?

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Tuntun Pandey @ Ashok Kumar Pandey @Ashok Pandey v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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