Allowed

Nandu Sharma @ Nandu Mistri v. The State of Bihar

Patna HC10 Apr 2024CR. MISC./11002/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by two petitioners fearing arrest in a Rahui P.S. murder-conspiracy case, alleging false implication with only general omnibus allegations against them. The court granted anticipatory bail on furnishing bail bonds with sureties, subject to conditions under section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted on arrest/surrender within six weeks; bail bond Rs. 20,000 each with two sureties of like amount, subject to s. 438(2) CrPC conditions.

Nandu Sharma @ Nandu Mistri Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11002 of 2024

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Arising Out of PS. Case No.-511 Year-2023 Thana- RAHUI District- Nalanda

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

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Nandu Sharma @ Nandu Mistri S/O LATE SUKHADEV MISTRI R/O VILLAGE- IMAMGANJ, SOHSARAI, P.S.- RAHUI, DISTRICTNALANDA, BIHAR

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ARVIND KUMAR @ RAVINDRA KUMAR SON OF NANDU SHARMA @ NANDU MISTRI R/O VILLAGE- IMAMGANJ, SOHSARAI, P.S.RAHUI, DISTRICT- NALANDA, BIHAR

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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.Gaurav Prakash, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 10-04-2024

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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2 . The petitioners are apprehending their arrest in a case in connection with Rahui P.S. Case No. 511 of 2023 dated 22.11.2023 registered for the offences punishable u/ss 302, 326, 506 and 120B of the Indian Penal Code.

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3 . As per the prosecution case, the co-accused, Rahul Kumar killed the informant’s son under conspiracy with the assistance of the petitioners and the other co-accused persons.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners has surfaced in this case only on the

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Patna High Court CR. MISC. No.11002 of 2024(3) dt.10-04-2024 2/2

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basis of secret information. The specific allegation is against the coaccused, Rahul Kumar. There is general and omnibus allegation against the petitioners who are the member of mob. It is further submitted that the petitioners have no concern with the alleged offence. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 18.03.2024 passed in Cr. Misc. No. 11266 of 2024. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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5 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.

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6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Nalanda, Biharsharif in connection with Rahui P.S. Case No. 511 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Nandu Sharma @ Nandu Mistri v. The State of Bihar

Case brief

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Nandu Sharma @ Nandu Mistri v. The State of Bihar

Case brief

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