Allowed

Vivek Kumar v. The State of Bihar

Patna HC22 Apr 2024CR. MISC./11812/2024

Case brief

AI extract

What is this about?

Bail application under Sections 302/34 IPC where the petitioner was unnamed in the FIR and implicated through a co-accused already granted bail. The court granted bail after framing of charge on furnishing bail bonds with two sureties, directing the trial court to conclude charge-framing within 15 days.

What did the court decide?

Release on bail after framing of charge on bail bond of Rs.10,000 with two sureties of like amount before Additional Sessions Judge-III, Gopalganj.

Vivek Kumar 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.11812 of 2024

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Arising Out of PS. Case No.-105 Year-2023 Thana- UCHKAGAON District- Gopalganj

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

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Vivek Kumar Son of Sri Vishram Manjhi Resident of village Chhotka Sankhe PS uchakagaon District Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmveer Jha, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 22-04-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case registered for an offence punishable under Sections 302 and 34 of the Indian Penal Code.

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As per allegation in the FIR, informant states that her husband on being called went with the co-accused Meghu Mahto and later on informed on telephone that he is with the said co-accused and would return. Subsequently, he was discovered by her brother-in-law (Dewar) in an injured condition. On being taken to the hospital, he was declared dead by the doctor. The informant states that she is convinced that some persons including the said co-accused have stabbed him to

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Patna High Court CR. MISC. No.11812 of 2024(2) dt.22-04-2024 2/3

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death.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the name of this petitioner transpired by confessional statement of FIR named co-accused Meghu Mahto who has been granted bail by this Court in Cr. Misc. No. 76199 of 2023 and petitioner is not named in the FIR, he has got clean antecedent as stated in para-3 of the petition and he is in custody since 25.06.2023.

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Learned APP for the State opposes the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Gopalganj in connection with Uchkagaon P.S Case No. 105 of 2023.

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The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail

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Patna High Court CR. MISC. No.11812 of 2024(2) dt.22-04-2024 3/3

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on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Vivek Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vivek Kumar v. The State of Bihar

Case brief

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