Allowed

Anshu Kumar v. The State of Bihar

Patna HC11 Nov 2024CR. MISC./78707/2024

Case brief

AI extract

What is this about?

Bail application under Sections 397 IPC and Arms Act offences arising from an alleged dacoity. Court granted bail citing period of custody, clean antecedents, implication only through co-accused's confession, and submission of charge sheet.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the court below.

Anshu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78707 of 2024

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Arising Out of PS. Case No.-105 Year-2024 Thana- GURARU District- Gaya

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

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Anshu Kumar Son of Akshay Prasad @ Akshay Kumar Resident of villageBarma, P.S.- Guraru, Distt.- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner seeks bail in connection with Guraru P.S. Case No. 105 of 2024 instituted for the offence under Section 397 of the Indian Penal Code and later on Sections 25(1-b)a, 26 & 35 of the Arms Act was added.

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3. Prosecution case as emanated from the FIR is that informant along with his family members was sleeping in their house and in the meantime, some unknown dacoits entered in his house with arms and on protest, they assaulted his relative namely Amarjit Kumar due to which, he sustained head injury. During course of scuffle, one dacoit was caught by his relative and rest of them fled away.

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Patna High Court CR. MISC. No.78707 of 2024(2) dt.11-11-2024 2/3

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-06-2024. Petitioner bears no criminal antecedent, 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 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Rohit Kumar, and the same has no evidentiary values in the eye of law. It is alleged that one mobile phone has been recovered from the petitioner’s possession. Learned counsel next submits that charge sheet has already been submitted 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.

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner 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 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.78707 of 2024(2) dt.11-11-2024 3/3

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Court below/concerned Court in connection with Guraru P.S. Case No. 105 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Anshu Kumar v. The State of Bihar

Case brief

What is this about?

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Anshu Kumar v. The State of Bihar

Case brief

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