Patna High Court
Shrikant Kumar @ Shrikant Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, finding the Bihar case maintainable and bail appropriate.
Summary
The petitioner, Shrikant Kumar, was arrested in Bihar for offences under Sections 302, 120(b) and 506 of the IPC relating to a murder that occurred in Uttarakhand. The petitioner argued that the case filed in Bihar was not maintainable because the investigation and prosecution were already underway in Uttarakhand, and that the informant, being poor, could not prosecute there. The court examined the jurisdictional issue and the principle that a separate prosecution can be instituted in another state if the offence has a nexus with that state. Considering the circumstances, the court found no legal impediment to granting regular bail. Consequently, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail in the Bihar case despite the offence occurring in Uttarakhand
- Whether the second case filed in Bihar is maintainable given the ongoing investigation in Uttarakhand
Legislation cited
- Indian Penal Code — s. 120(b), 302, 506
Subjects
- bail
- jurisdiction
- double prosecution
- IPC
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8837 of 2026
Arising Out of PS. Case No.-144 Year-2021 Thana- MAINATAND District- West Champaran
======================================================
Shrikant Kumar @ Shrikant Kumar Ram S/O Dhanilal Ram R/O Village-
Ramnagari, P.S- Mainatand, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Rishi, Advocae
Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
Mr. Bimlesh Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Mainatand P.S. Case No. 144 of 2021 registered for the offence
under Sections 302, 120(b), 506 of the IPC.
3. The petitioner is accused of killing the deceased in
Uttarakhand. All the materials are from Uttarakhand but a
complaint case was filed in the state of Bihar and the police has
proceeded and arrested the petitioner. The materials relied upon
by the learned counsel for the informant are all from the State of
Uttarakhand and the learned counsel for the informant submits
that since the informant is a poor person and, he cannot
prosecute the case in Uttarakhand. When the deceased died in
Patna High Court CR. MISC. No.8837 of 2026(3) dt.30-03-2026
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Uttarakhand, the police of Uttarakhand had proceeded in the
matter and therefore the second case filed in Bihar is not
maintainable. The petitioner is granted bail.
4. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Bettiah, West Champaran/
concerned Court below, in connection with Mainatand P.S. Case
No. 144 of 2021.
(Sandeep Kumar, J)
khushbu/-
U T
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