Disposed

Sanjay Kumar @ Sanjeev Kumar v. The State Of Bihar

Patna HC21 Nov 2024CR. MISC./65687/2024

Case brief

AI extract

What is this about?

Regular bail petition in a Patna firing-murder case (IPC 302 etc., Arms Act). Petitioner had six antecedents but no specific allegation against him; charge sheet already filed. Court granted bail on conditions including trial attendance.

What did the court decide?

Petitioner released on bail on Rs.10,000 bonds with two sureties, subject to family-member bailor condition and trial attendance condition.

Sanjay Kumar @ Sanjeev Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65687 of 2024

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Arising Out of PS. Case No.-80 Year-2024 Thana- NADI P.S. District- Patna

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

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Sanjay Kumar @ Sanjeev Kumar Son of Sri Gopal Prasad R/O Vill.- Jethuli, P.s.- Nadi, Dist.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 21-11-2024

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Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

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2. The petitioner seeks bail in connection with Nadi P.S. Case No. 80 of 2024 instituted for the offence under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

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3. Prosecution case in short is that accused persons have fired upon the brother of informant leading to his death.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-04-2024. Petitioner bears six criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s

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Patna High Court CR. MISC. No.65687 of 2024(4) dt.21-11-2024 2/3

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counsel that petitioner has been falsely implicated in the present case. There is no specific allegation alleged against the petitioner rather allegation is general and omnibus in nature. Specific allegation of firing is attributed to co-accused, namely, Dhiraj Kumar. It is submitted that there is land dispute between the parties. Learned counsel goes on to submit that petitioner and his family members were not present at the place of incident and was present at his residence situated in Patna. Learned counsel for the petitioner lastly submits that police after investigation has already submitted charge sheet in this case.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that from perusal of the postmortem report, it would reveal that cause of death is hemorrhage and shock due to fire arm injury. Informant in his restatement has also supported the prosecution case.

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no direct allegation against the petitioner even in the case diary and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail on

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Patna High Court CR. MISC. No.65687 of 2024(4) dt.21-11-2024 3/3

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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 Nadi P.S. Case No. 80 of 2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Sanjay Kumar @ Sanjeev Kumar v. The State Of Bihar

Case brief

What is this about?

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Sanjay Kumar @ Sanjeev Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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