Allowed

Amar Yadav @ Amar Kumar v. The State of Bihar

Patna HC5 Mar 2025CR. MISC./1972/2025

Case brief

AI extract

What is this about?

Second bail application under Sections 341, 307, 302, 120B, 34 IPC and Section 27 Arms Act. Court noted prolonged custody since September 2023 and prosecution's failure to examine witnesses despite charge framing, and allowed bail with conditions including weekly police station attendance.

What did the court decide?

Petitioner released on bail of Rs. 10,000 with two like sureties, subject to conditions of monthly police attendance and cooperation in trial.

Amar Yadav @ Amar Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1972 of 2025

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Arising Out of PS. Case No.-359 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur

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

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Amar Yadav @ Amar Kumar Son of Dinesh Yadav Resident of Village - Chakkodih, P.S. - Banka, District - Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 05-03-2025

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Heard the learned senior counsel for the petitioner as

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well as the learned APP for the State.

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2 . This is the 2^nd attempt on behalf of the petitioner for regular bail in connection with Majahidpur (Babarganj) P.S. Case No. 359 of 2022 registered for the offences punishable under Sections 341, 307, 302, 120B, 34 of the IPC and under Section 27 of the Arms Act.

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3 . Initially this court had dismissed the application for bail of the petitioner vide Cr. Misc. No. 2727 of 2024 on 24.01.2024 as it was argued by the State that petitioner is one of the assailant of the deceased.

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4 . Mr. Praveen Kumar, learned counsel for the petitioner has taken this court to the further statement of the informant in which it has come that it is the co-accused Ajit

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Patna High Court CR. MISC. No.1972 of 2025(3) dt.05-03-2025 2/3

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Kumar @ Karku who has shot at the deceased in his chest and subsequently all the accused persons had fired.

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5 . It is further submitted that the petitioner is in jail since 30.09.2023 and the charge has been framed on 20.09.2024 and no witness has been examined till date.

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6 . The learned APP for the State has opposed the prayer for bail.

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7 . Considering the fact that the petitioner is in custody since 30.09.2023 and the prosecution is not examining any witness, this application is allowed.

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8 . Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-8th, Bhagalpur/concerned Court below in connection with Mojahidpur (Babarganj) P.S. Case No. 359 of 2022 subject to condition that:-

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(i). The petitioner will mark his attendance at the Banka Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

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(ii) The petitioner shall appear in the trial regularly either personally or through his

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Patna High Court CR. MISC. No.1972 of 2025(3) dt.05-03-2025 3/3

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lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bond of the petitioner.

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(Sandeep Kumar, J)

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Shishir/-

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Amar Yadav @ Amar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amar Yadav @ Amar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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