Disposed

Aniket Kumar @ Ankit Kumar v. the State of Bihar

Patna HC6 Sept 2024CR. MISC./34639/2024

Case brief

AI extract

What is this about?

Regular bail application in a Bidupur PS murder case where petitioners allegedly held the deceased while a co-accused fired. The court noted their active participation, prior criminal cases, and rejected bail, directing completion of trial within nine months.

What did the court decide?

Bail prayer of both petitioners rejected; trial directed to be concluded within nine months.

Aniket Kumar @ Ankit 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.34639 of 2024

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Arising Out of PS. Case No.-290 Year-2023 Thana- BIDUPUR District- Vaishali

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

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Aniket Kumar @ Ankit Kumar Son Of Raju Singh @ Raj Kumar Singh Residence Of Village - Ramdauli, P.S. - Bidupur, District - Vaishali

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Dama @ Uma @ Om Prakash Kumar Son Of Nagendra Rai Residence Of Village - Sitalpur, Kamalpur, P.S. - Bidupur, District - Vaishali

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rahul Kumar, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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8 06-09-2024

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Heard learned Counsel for the petitioners and

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learned Additional Public Prosecutor for the State.

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The petitioners seek bail in connection with

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Bidupur P.S. Case No. 290 of 2023 for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

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The accused/petitioners are named in the

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F.I.R. and are in custody since 26.06.2023.

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The allegation against the petitioner is to

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commit murder of husband of the informant alongwith other co-accused persons while the husband of the

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informant was called for from his house on pretext to

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join a wedding party. The occurrence is alleged to be

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Patna High Court CR. MISC. No.34639 of 2024(8) dt.06-09-2024 2/3

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arising out of money related issue.

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Learned counsel appearing on behalf of the

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petitioners submitted that petitioners are falsely implicated in present case due to land dispute. It is also pointed out that the allegation of firing is specifically leveled against co-accused, namely, Rohit Kumar. While concluding the argument, it is submitted that the investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence and moreover the petitioner no. 1 found involved in one more criminal murder case pending with the District Court, Bangalore, Karnataka where he is on bail whereas the petitioner no. 2 found involved in two criminal cases where he is also on bail.

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Learned APP while opposing the prayer of

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bail submitted that the informant of this case is eyewitness of the occurrence who categorically stated during the investigation that both these petitioners hold her husband while co-accused, Rohit Kumar fired upon him,

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Patna High Court CR. MISC. No.34639 of 2024(8) dt.06-09-2024 3/3

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causing his death.

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Considering the aforesaid factual

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submissions and by taking note of fact as both petitioners have actively participated during the occurrence as to hold the husband of the informant while firing, by co-accused, causing his death, accordingly, prayer of both above named petitioners are rejected herewith for the present.

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The petitioners are in custody since

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26.06.2023, the learned Trial Court is directed to conclude the trial preferably within a period of nine months.

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S.P., Vaishali is also directed to produce

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prosecution witnesses before the learned Trial Court as and when directed, as to conclude trial within aforesaid

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time period.

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Neha/- U T

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(Chandra Shekhar Jha, J)

Aniket Kumar @ Ankit Kumar v. the State of Bihar

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Aniket Kumar @ Ankit Kumar v. the State of Bihar

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