Dismissed¶¶15

Vikesh Kumar @ Vikash Kumar v. The State of Bihar

Patna HC11 Sept 2024CR. MISC./58974/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected/dismissed; Sections 302/34 IPC (murder/common intention); Section 27 Arms Act; pistol; demand to marry daughter to co-accused's nephew; victim dragged from house and shot dead on petitioner's orders; order-giver-not-assailant defence; implication due to village politics; no criminal antecedent; gravity of offence and severity of punishment as grounds of refusal; surrender and seek regular bail without prejudice; Runnisaidpur PS Case No. 199 of 2024; Sitamarhi; Justice Anil Kumar Sinha; 11-09-2024.

What did the court decide?

Taking into consideration the gravity of the offence and the severity of punishment, the Court is not inclined to grant the petitioner the privilege of anticipatory bail. ¶¶14

Vikesh Kumar @ Vikash Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner should be granted anticipatory bail arising out of Runnisaidpur Police Station Case No. 199 of 2024, which discloses offences under Sections 302/34 IPC and Section 27 Arms Act.

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Court's answer

Taking into consideration the gravity of the offence and the severity of punishment, the Court is not inclined to grant the petitioner the privilege of anticipatory bail.

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Ratio / Principle

The anticipatory bail application is accordingly dismissed.

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Key takeaways

If the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit, without prejudice flowing from this Court's rejection of his anticipatory bail.obiter¶¶16

Detailed headnote1 paragraphs

Anticipatory bail — application dismissed (oral order). High Court of Judicature at Patna, Criminal Miscellaneous No.58974 of 2024, arising out of Runnisaidpur PS Case No.199 of 2024, District Sitamarhi; oral order dated 11-09-2024 by Honourable Mr. Justice Anil Kumar Sinha. FIR (dated 12.06.2024) discloses offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act: on 11.06.2024 evening, the petitioner with other co-accused, armed with pistol, demanded that the informant and his wife marry their daughter to co-accused Kumar Shiv's nephew; the informant's wife was dragged out of the house and, on the petitioner's orders, Kumar Shiv fired upon her, and she died on spot. Counsel submitted the petitioner was implicated due to village politics, had no criminal antecedent, and was an order giver rather than the assailant. Regarding the submissions and taking into consideration the gravity of the offence and severity of punishment, the Court was not inclined to grant the privilege of anticipatory bail and dismissed the application, while directing that a surrendered regular-bail plea may be considered by the concerned Court on its own merit without prejudice.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58974 of 2024

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Arising Out of PS. Case No.-199 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi

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

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VIKESH KUMAR @ VIKASH KUMAR S/O JAYRAM MANDAL R/o Village- Athari, P.S.- Runnisaidpur, District- Sitamarhi

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agarwal, Sr. Adv. Mr. Pushpendra Kumar Singh Ms. Divya Bharti For the Opposite Party/s : Mr. Pranav Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 11-09-2024 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2. This application, for grant of anticipatory bail, arises out of Runnisaidpur Police Station Case No. 199 of 2024, dated 12.06.2024, disclosing offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

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3. The prosecution case, as per the First Information Report, is that on 11.06.2024, in the evening, while the informant and his wife (deceased) was having dinner, the petitioner, along with other co-accused persons, arrived there, armed with pistol, and co-accused Kumar Shiv told them to marry their daughter to his nephew. Before informant could understand, the petitioner and others dragged

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Patna High Court CR. MISC. No.58974 of 2024(2) dt.11-09-2024 2/2

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informant’s wife out of the house and on orders of the petitioner, co-accused Kumar Shiv fired upon the informant’s wife due to which she died on spot.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner has been implicated in the present case due to village politics. The petitioner has got no criminal antecedent and he is not the assailant and is an order giver.

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5. Regards being had to the submissions made on behalf of the parties and taking into consideration gravity of the offence ans severity of punishment, I am not inclined to grant the petitioner privilege of anticipatory bail.

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6. This application is, accordingly, dismissed.

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7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit without being prejudiced that the anticipatory bail of the petitioner has been rejected by this Court.

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(Anil Kumar Sinha, J)

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ashwani/-

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U T

Vikesh Kumar @ Vikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikesh Kumar @ Vikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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