Allowed¶19

Manish Kamti @ Manish Kumar v. The State of Bihar

Patna HC8 Feb 2024CR. MISC./73311/2023

Case brief

AI extract

What is this about?

Regular bail granted; kidnapping-related offences Sections 363, 365, 368/34 IPC; Madhepura P.S. Case No.467 of 2023; petitioner Manish Kamti @ Manish Kumar not named in F.I.R.; charge sheet submitted; custody since 19.07.2023; no criminal antecedent; bail bond Rs.10,000 with two like sureties; satisfaction of Chief Judicial Magistrate, Madhepura; Justice Sunil Dutta Mishra; oral order dated 08-02-2024; Patna High Court CR. MISC. No.73311 of 2023.

What did the court decide?

Release on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.467 of 2023. ¶19

Manish Kamti @ Manish Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73311 of 2023

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Arising Out of PS. Case No.-467 Year-2023 Thana- MADHEPURA District- Madhepura

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

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Manish Kamti @ Manish Kumar Son of Gajendra @ Gajen Kamti Resident Of Village- Kanp, Ps- Sour Bazar, Distt- Saharsa, At Present Resident In Village- Tasgaon Taluka, Ps- Tasgaon, Distt- Sangali (MAHARASTRA)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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3 08-02-2024

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

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The petitioner seeks regular bail in connection with Madhepura P.S. Case No.467 of 2023 registered under Sections 363, 365, 368/34 of the I.P.C.

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As per prosecution case, it is alleged that the F.I.R. named accused Sahdeo Mandal took the informant’s son to Maharashtra for working in garden of grapes from where the informant’s son disappeared.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. There is no allegation against the petitioner pertaining to kidnapping of the

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Patna High Court CR. MISC. No.73311 of 2023(3) dt.08-02-2024 2/2

¶17

informant’s son. Later on, it is alleged that the informant’s son was taken to Maharashtra for working in the Garden of grapes, where the petitioner was employed as contractor. The informant’s son while remaining in Maharashtra left the garden of grapes. There is no material against the petitioner. The charge sheet has already been submitted. There is no chance of absconding or tampering with the evidence. The petitioner is in custody since 19.07.2023 having no criminal antecedent.

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Learned A.P.P. opposes the prayer for bail of the petitioner.

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Having considered the facts and circumstances of the case, submissions of the parties as well as the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No.467 of 2023.

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(Sunil Dutta Mishra, J)

¶21

Harish/-

Manish Kamti @ Manish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manish Kamti @ Manish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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