Allowed¶18

Manjeet Kumar v. The State of Bihar

Patna HC29 Jan 2024CR. MISC./3604/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No. 3604 of 2024; decided 29-01-2024; Rudra Prakash Mishra, J; Manjeet Kumar v. The State of Bihar; Barauli P.S. Case No. 292 of 2023; District Gopalganj; bail granted; Sections 399, 402, 414/34 IPC; Sections 25(1-b)a, 26, 35 Arms Act; Section 8/20(b)(ii)(A) NDPS Act; custody since 22.08.2023; nine criminal antecedents; parity with co-accused Rahul Kumar (Cr. Misc. No. 62285 of 2023, order dated 13.12.2023); confessional statement of co-accused; bail bonds Rs. 10,000/- with two sureties.

What did the court decide?

Release on bail upon furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Barauli P.S. case No. 292 of 2023. ¶18

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

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the petitioner, Manjeet Kumar, is entitled to be released on bail in connection with Barauli P.S. Case No. 292 of 2023 (District Gopalganj), instituted for offences under Sections 399, 402, 414/34 IPC, Sections 25(1-b)a, 26, 35 Arms Act and Section 8/20(b)(ii)(A) NDPS Act.

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Court's answer

Bail granted: considering the facts and circumstances of the case, the period of custody undergone by the petitioner and the claim based on parity, the Court was inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Barauli P.S. case No. 292 of 2023.

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Detailed headnote1 paragraphs

BAIL GRANTED — Criminal Miscellaneous No. 3604 of 2024 (High Court of Judicature at Patna, decided 29-01-2024, Rudra Prakash Mishra, J): Petitioner Manjeet Kumar sought bail in Barauli P.S. Case No. 292 of 2023 (District Gopalganj), instituted for offences under Sections 399, 402, 414/34 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 8/20(b)(ii)(A) of the N.D.P.S. Act. Prosecution case: police raided the spot on secret information; some accused were apprehended while the petitioner and others fled. Petitioner in custody since 22.08.2023 with nine criminal antecedents; counsel contended he was implicated solely on the confessional statement of co-accused Rahul Kumar, who had already been granted bail by a co-ordinate Bench on 13.12.2023 in Cr. Misc. No. 62285 of 2023, and that nothing incriminating was recovered from the petitioner. Considering the custody period and the claim based on parity, the Court ordered release on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3604 of 2024

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Arising Out of PS. Case No.-292 Year-2023 Thana- BARAULI District- Gopalganj

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

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Manjeet Kumar son of Damodar Mahto Village- Salehpur Ps- Mohammadpur Dist- Gopalganj

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj Singh, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 29-01-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Barauli P.S. case No. 292 of 2023 instituted for the offences under Sections 399, 402, 414/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act and Section 8/20 (b)(ii)(A) of the N.D.P.S. Act.

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Prosecution case, in short, is that police, on the basis of secret information, raided the place of occurrence. On seeing the police party, all the accused persons tried to flee away but some of the accused persons were apprehended on the spot whereas few of the accused persons, including this petitioner, managed to flee away.

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It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.08.2023 and has nine criminal antecedents. The petitioner has falsely been implicated in the present case only on the basis of confessional statement of

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Patna High Court CR. MISC. No.3604 of 2024(2) dt.29-01-2024 2/2

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the co-accused person, Rahul Kumar who has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.12.2023 passed in Cr. Misc. No. 62285 of 2023. Learned counsel further submitted that nothing incriminating has been recovered from the possession or from the house of the petitioner. He further submitted that except the confessional statement of the co-accused person there is nothing on record against this petitioner.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barauli P.S. case No. 292 of 2023.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Manjeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manjeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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