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Ajay Kumar @ Ajay Mishra @ Pappu Mishra v. the State of Bihar

Patna HC16 Apr 2024CR. MISC./71710/2023

Case brief

AI extract

What is this about?

Oral order granting anticipatory bail to a petitioner accused in a murder and arms offense under Cr.P.C. Section 438, conditional upon surrender, bail bond, and cooperation in trial within six weeks.

What did the court decide?

Petitioner released on bail upon arrest or surrender within six weeks, furnishing bond of Rs. 25,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C.

Ajay Kumar @ Ajay Mishra @ Pappu Mishra 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.71710 of 2023

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Arising Out of PS. Case No.-375 Year-2013 Thana- SITAMARHI District- Sitamarhi

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

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Ajay Kumar @ Ajay Mishra @ Pappu Mishra S/O Ganesh Mishra R/V Pamra, Ps. Punaura, Dist- Sitamarhi

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mrs. Sharda Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 16-04-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the prosecution case, As per the prosecution case, the informant got information that some miscreants shot dead his brother at Karnahiya Chowk on N.H.10.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the F.I.R. but during the course of

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Patna High Court CR. MISC. No.71710 of 2023(4) dt.16-04-2024 2/2

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investigation the police collected some evidence and on that basis the police dragged the name of the petitioner in the present case. He further submits that the petitioner received non-bailable warrant on 16.08.2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes prayer for anticipatory bail.

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Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned Court below where the case is pending/successor Court in connection with Sitamarhi P.S. Case No. 375 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Petitioner is directed to cooperate in the trial and if the petitioner will not appear on two consecutive dates then the bail bond of the petitioner shall be cancelled by the learned Trial Court below itself.

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(Anjani Kumar Sharan, J)

Ajay Kumar @ Ajay Mishra @ Pappu Mishra v. the State of Bihar

Case brief

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Ajay Kumar @ Ajay Mishra @ Pappu Mishra v. the State of Bihar

Case brief

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