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Rajeev Kumar v. The State of Bihar

Patna HC18 Jul 2024CR. MISC./28334/2024

Case brief

AI extract

What is this about?

Regular bail allowed to two accused in murder case; Patna High Court Cr. Misc. No.28334 of 2024, decided 18-07-2024, Chandra Prakash Singh, J.; Dandari P.S. Case No. 103 of 2023 dt. 13.11.2023, District Begusarai; charges u/ss 341, 302, 120B, 504, 506 r/w S.34 IPC and u/s 27 Arms Act; alleged land-dispute shooting of deceased (informant's father) on 12.11.2023; firing attributed to coaccused Vikash Kumar; no recovery, no criminal antecedent; custody since 14.11.2023; bail-bond Rs.20,000/- each with two like sureties.

What did the court decide?

Regular bail granted to both petitioners (Rajeev Kumar and Rajendra Sah) 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, Begusarai, in connection with Dandari P.S. Case No. 103 of 2023.

Rajeev Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (Rajeev Kumar and Rajendra Sah) should be enlarged on regular bail in connection with Dandari P.S. Case No. 103 of 2023 (offences u/ss 341, 302, 120B, 504, 506 r/w S. 34 IPC and u/s 27 Arms Act).

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Court's answer

Considering the facts and circumstances of the case and the period of custody, this Court directed the petitioners to be enlarged on bail on furnishing a 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, Begusarai, in connection with Dandari P.S. Case No. 103 of 2023.

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Detailed headnote1 paragraphs

PATNA HIGH COURT (Chandra Prakash Singh, J.), Criminal Miscellaneous No.28334 of 2024, oral order dated 18-07-2024 — Regular bail granted. Petitioners Rajeev Kumar and Rajendra Sah sought bail in Dandari P.S. Case No. 103 of 2023 dated 13.11.2023 (District Begusarai), registered for offences punishable u/ss 341, 302, 120B, 504, 506 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act. Per the prosecution case, on the evening of 12.11.2023 the accused, armed with weapons, allegedly surrounded the informant and his father at Bajrangbali Chowk, Katarmala, threatened them to vacate land, and thereafter, on the order of petitioner Rajeev Kumar, petitioner Rajendra Sah and coaccused Vikash Kumar allegedly caught hold of the deceased while coaccused Vikash Kumar fired on the chest of the deceased. Counsel contended false implication amid a land dispute, that the petitioners are own agnates of the deceased, that no specific allegation attaches to them, that nothing was recovered from their possession, and that they have no criminal antecedent, being in custody since 14.11.2023. Considering the facts and circumstances and the period of custody, the Court enlarged both petitioners on bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Begusarai; the application stood allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28334 of 2024

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Arising Out of PS. Case No.-103 Year-2023 Thana- DANDARI District- Begusarai

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Rajeev Kumar son of Bishnudev Sah @ Bishundev Sah Resident of VillageKatarmala, Ward No. 5, P.S.- Dandari, Dist.- Begusarai

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Rajendra Sah Son of Bhuttu Sah Resident of Village- Katarmala, Ward No. 5, P.S.- Dandari, Dist.- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra, Adv. For the Opposite Party/s : Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 18-07-2024

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Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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2 . The petitioners have preferred this application for grant of regular bail in connection with Dandari P.S. Case No. 103 of 2023 dated 13.11.2023 registered for the offences punishable u/ss 341, 302, 120B, 504, 506 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

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3 . As per the prosecution case, on 12.11.2023, in the evening, the informant along with his father was returning after closing his shop. When they reached Bajrangbali Chowk Katarmala then the accused persons including the petitioner armed with various weapons surrounded and threatened to

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Patna High Court CR. MISC. No.28334 of 2024(3) dt.18-07-2024 2/3

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vacate the land. Thereafter, on the order of the petitioner, Rajeev Kumar, the petitioner Rajendra Sah and the co-accused, Kailash Tanti caught hold of the hand of the deceased and the coaccused, Vikash Kumar fired on the chest of the deceased.

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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. There is land dispute between the parties. The petitioner no. 1 is the nephew of the deceased and both are own agnates. There is no specific allegation against the petitioners rather the specific allegation of firing on the informant’s father is against the co-accused, Vikash Kumar. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.11.2023.

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

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6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to 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

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Patna High Court CR. MISC. No.28334 of 2024(3) dt.18-07-2024 3/3

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learned Court concerned, Begusarai in connection with Dandari

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P.S. Case No. 103 of 2023.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-