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Kakku Kumar @Nishikant Kumar v. The State of Bihar

Patna HC23 Aug 2024CR. MISC./38318/2024

Case brief

AI extract

What is this about?

Pre-arrest bail sought in an Ekangarsarai PS case alleging firing by the petitioner and others due to rivalry. Considering the FIR allegations, absence of injury to anyone and clean antecedents, the court found a prima facie case and granted pre-arrest bail with conditions.

What did the court decide?

Petitioner released on pre-arrest bail on furnishing bail bond of Rs. 25,000 with two sureties, subject to Cr.P.C. Section 438(2) conditions; order void if antecedent verification discloses other case

Kakku Kumar @Nishikant Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38318 of 2024

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Arising Out of PS. Case No.-204 Year-2023 Thana- EKANGARSARAI District- Nalanda

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

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Kakku Kumar @Nishikant Kumar, aged about 24 years, Male, Son of Sunil Kumar, resident of Village- Habbipur Naya Ahar, Shivnagar, P.S.- Parawalpur, District- Nalanda, Pin-801301

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Versus

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The State of Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Ms. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 23-08-2024 Heard Mr. Rajesh Kumar, learned counsel

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appearing on behalf of the petitioner and Ms. Rita Verma, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Ekangarsarai P.S. Case No. 204 of 2023, registered for the offence punishable under Sections 341, 323, 147, 148, 307 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the allegation made in the FIR, when the patrolling team had received secret information that some miscreants were engaged in firing, they had reached the place of occurrence and upon enquiry, it was found that petitioner and some other accused persons were engaged in firing due to rivalry.

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Patna High Court CR. MISC. No.38318 of 2024(2) dt.23-08-2024 2/3

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Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that at the time, patrolling team had reached the place of occurrence, petitioner was not found firing, however, he has been made accused in a false case. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on bail.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the nature of allegation made in the FIR, as well as, the fact that no injury has been caused to anyone and petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie , made out a case to be released on pre-arrest bail.

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The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda, in connection with Ekangarsarai P.S. Case No. 204 of 2023, subject to the condition as laid down under Section 438(2) of

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Patna High Court CR. MISC. No.38318 of 2024(2) dt.23-08-2024 3/3

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the Cr.P.C.

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The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

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(Purnendu Singh, J)

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Niraj/-

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U T

Kakku Kumar @Nishikant Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kakku Kumar @Nishikant Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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