Allowed¶20

Vivek Kumar @ Vivek Yadav v. The State of Bihar

Patna HC22 Feb 2024CR. MISC./10261/2024

Case brief

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What is this about?

Patna High Court, CR. MISC. No.10261 of 2024, decided 22-02-2024 by Anjani Kumar Sharan, J. Anticipatory bail granted in case arising out of Khajanchi Hat (K.Hat) P.S. Case No. 690 of 2023, District Purnia, under Sections 307, 34 IPC and Section 27 Arms Act; firing on Manish Yadav; co-accused Gopal Yadav; confessional statement of co-accused; no specific overt act against petitioner; bail bond Rs.25,000/- with two sureties; Section 438(2) Cr.P.C. conditions; advocates Raushan Raushan (petitioner) and Atul Chandra (State).

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, in the event of arrest or surrender within six weeks, subject to conditions under Section 438(2) Cr.P.C. ¶20

Vivek Kumar @ Vivek Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10261 of 2024

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Arising Out of PS. Case No.-690 Year-2023 Thana- KHAJANCHI HAT District- Purnia

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

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Vivek Kumar @ Vivek Yadav Son Of Man Singh Yadav R/O-Ward No. 14, P.S. K. Hat, Baghmara, Bela, Distt.-PURNEA, Pin-854304

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raushan Raushan For the Opposite Party/s : Mr.Atul Chandra ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 22-02-2024

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Allegation against the petitioner is that he along with other accused persons fired on one Manish Yadav.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused. He submits that there is specific allegation against co-accused Gopal Yadav who fired upon the I.O. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail

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Patna High Court CR. MISC. No.10261 of 2024(2) dt.22-02-2024 2/2

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application.

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Learned APP for the State opposes the prayer

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for bail.

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Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with K.Hat P.S. Case No. 690 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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devendra/-

Vivek Kumar @ Vivek Yadav v. The State of Bihar

Case brief

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Vivek Kumar @ Vivek Yadav v. The State of Bihar

Case brief

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