Allowed

Sivanand Sardar @ Sivanand Sarkar v. The State of Bihar

Patna HC23 Aug 2024CR. MISC./40573/2024

Case brief

AI extract

What is this about?

Regular bail application in a Kursakanta PS case registered under Sections 328 and 302/34 IPC; prosecution alleged poisoning of informant's son. Considering custody period since February 2024 and parity with a co-accused already granted bail, the court allowed bail.

What did the court decide?

Petitioners released on bail on furnishing bail-bond of Rs. 10,000 each with two like sureties to the satisfaction of Sessions Judge, Araria.

Sivanand Sardar @ Sivanand Sarkar Vs The State of… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40573 of 2024

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Arising Out of PS. Case No.-45 Year-2022 Thana- KURSAKANTA District- Araria

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

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Sivanand Sardar @ Sivanand Sarkar s/o Late Jokhan sardar R/o VillageShishabari, Ward no. 11 under P.S.- Kursakanta (Kuari OP) District-Araria

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Shanker sardar @ shanker Kumar Sardar S/o Sivanand Sardar R/o VillageShishabari, Ward no. 11 under P.S.- Kursakanta (Kuari OP) District-Araria

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... ... Petitioner/s

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Versus

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The State of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vasudeo Ram, Advocate For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 23-08-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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Petitioners seek regular bail in connection with Kursakanta (Kuari O.P.) P. S. Case No. 45 of 2022, G.R. No. 1103 of 2022 in a case registered for the offences punishable under Sections 328, 302/34 of the Indian Penal Code.

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As per the prosecution case, these petitioners along with co-accused assaulted the son of informant and killed him by administering poison.

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Learned counsel for the petitioners submits that petitioner No. 1 is father-in-law and petitioner No. 2 is brotherin-law of the deceased. Allegation of assault against the petitioners is general and omnibus. Informant is not an eye

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Patna High Court CR. MISC. No.40573 of 2024(2) dt.23-08-2024 2/2

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witness of the occurrence and these petitioners have been made accused only on suspicion. It is further submitted that as a matter of fact, son of informant committed suicide by consuming poison and police after investigation submitted charge-sheet under Section 306/34 of the Indian Penal Code. Petitioners are in custody since 07.02.2024. It is further submitted that similarly situated co-accused, namely, Reeta Devi has already been granted regular bail by co-ordinate Bench of this Hon’ble Court vide order dated 17.03.2023 passed in Cr. Misc. No. 40181 of 2022.

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Learned A.P.P. for the State vehemently opposed the bail application.

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Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Kursakanta (Kuari O.P.) P. S. Case No. 45 of 2022, G.R. No. 1103 of 2022.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Sivanand Sardar @ Sivanand Sarkar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sivanand Sardar @ Sivanand Sarkar v. The State of Bihar

Case brief

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What did the court decide?

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