Allowed

Akhilesh Kumar @ Krish Kumar v. The State of Bihar

Patna HC3 Sept 2024CR. MISC./55498/2024

Case brief

AI extract

What is this about?

Petitioners apprehended arrest in Sultanganj PS Case No. 549 of 2023 for offences including Section 307 IPC, with allegations that specific assault was attributed to other co-accused while allegations against them were general and omnibus. The court directed release on anticipatory bail on furnishing bail bonds with two sureties, subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail granted to all three petitioners on bonds of Rs.10,000 each with two sureties, subject to Section 438(2) Cr.P.C. conditions, upon surrender within six weeks.

Akhilesh Kumar @ Krish Kumar Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55498 of 2024

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Arising Out of PS. Case No.-549 Year-2023 Thana- SULTANGANJ District- Patna

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

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1. Akhilesh Kumar @ Krish Kumar son of Jittu Sahni Village- Devi Sthan Nimtal Gulbi Ghat Ps- Sultanganj Dist- patna

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Jittu Sahni son of Nagina Mahto Village- Devi Sthan Nimtal Gulbi Ghat PsSultanganj Dist- patna

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Gudiya Devi wife of Jittu Sahni Village- Devi Sthan Nimtal Gulbi Ghat PsSultanganj Dist- patna

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar Jha For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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... ... Opposite Party/s

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2 03-09-2024

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1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

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2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 504, 506 and 307 of the Indian Penal Code.

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3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that he had gone to attend a Shraddh where Tarakhnath along with petitioners and other accused persons started abusing him, his wife and son on the ground that that informant had performed his second marriage, on protest, Tarakhnath assaulted

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Patna High Court CR. MISC. No.55498 of 2024(2) dt.03-09-2024 2/3

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him by an iron spatula indiscriminately causing injury on head, and when his son and wife tried to save him, Nitish assaulted his son by an iron rod causing injury on head and other accused assaulted both his wives with fist, leg, bricks and also tore their clothes.

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4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assault is alleged against Tarakhnath and Nitish and as far as these petitioners are concerned, the allegation against them is general and omnibus in nature, that is, no specific allegation of assault is alleged.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

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Patna High Court CR. MISC. No.55498 of 2024(2) dt.03-09-2024 3/3

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the case is pending/successor court in connection with Sultanganj P.S. Case No. 549 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Akhilesh Kumar @ Krish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akhilesh Kumar @ Krish 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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