Partly allowed

Md. Nayeem @ Nayeem and Ors. v. The State Of Bihar

Patna HC1 Aug 2013CR. MISC./22161/2013

Case brief

AI extract

What is this about?

The Patna High Court ordered that petitioners no. 4-8 be enlarged on bail if they appear or surrender within four weeks, subject to security. The prayer for anticipatory bail for petitioners no. 1-3 was rejected due to their specific naming in the FIR and gravity of injuries.

What did the court decide?

Petitioners no. 4-8 to be enlarged on bail upon appearance/surrender within four weeks with security of Rs. 10,000 each; anticipatory bail for petitioners no. 1-3 rejected.

Md. Nayeem @ Nayeem and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

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Patna High Court Cr.Misc. No.22161 of 2013 (3) dt.01-08-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.22161 of 2013

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====================================================== 1. Md. Nayeem @ Nayeem Son Of Late Samo Resident Of Akhiiyarpur Police Station Sarsi District Purnia 2. Md. Yakoov Son Of Izat Ali Resident Of Akhiiyarpur Police Station Sarsi District Purnia 3. Md. Naseem Son Of Suleman Resident Of Akhiiyarpur Police Station Sarsi District Purnia

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Sukra Son Of Suleman Resident Of Akhiiyarpur Police Station Sarsi District Purnia 5. Sayeem Son Of Suleman Resident Of Akhiiyarpur Police Station Sarsi District Purnia 6. Hasim Son Of Yakoov Resident Of Akhiiyarpur Police Station Sarsi District Purnia 7. Akbar Son Of Yakoov Resident Of Akhiiyarpur Police Station Sarsi District Purnia

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Irsad Son Of Sazid Resident Of Akhiiyarpur Police Station Sarsi District Purnia

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

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3 01-08-2013 Heard learned counsel for the petitioners and learned A.P.P for the State.

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The petitioners apprehend arrest in connection with Sarsi P.S. Case No. 102 of 2012 registered for offence punishable under sections 147/148/149/323/324/307/429/384 of the Indian Penal Code.

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The petitioners are accused of assault on the prosecution

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Patna High Court Cr.Misc. No.22161 of 2013 (3) dt.01-08-2013

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party leading to injuries.

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Learned counsel for the petitioners submits that it is an incidence where there is case and counter case and both sides have suffered injuries, the injury on the side of the accused being of graver nature compared to the injuries on the informant side in the present case. Learned counsel submits that the mother of one of the accused in the present case has filed title suit against the informant side with regard to the land on which the incident is said to have taken place. It is submitted that one of the accused namely Md. Ilyas has been released on bail by the Sessions Judge.

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Learned counsel submits that the injuries on the informant side has been found to be simple in nature.

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Learned APP for the State opposes the prayer for bail and submits that though the injuries are simple in nature but it has categorically come that there was sharp cut wound on the back of the scalp of one of the injured persons which, according to the report, was caused by sharp cutting object.

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It is submitted that petitioners no. 1, 2 and 3 are specifically named in the FIR as the persons who inflicted the said blow.

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Considering the facts and circumstances of the case, in

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Patna High Court Cr.Misc. No.22161 of 2013 (3) dt.01-08-2013

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the event of arrest or surrender before the Court below within four weeks from today, the petitioners no. 4, 5, 6, 7 and 8 be enlarged on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Sarsi P.S. Case No. 102 of 2012 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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The prayer for anticipatory bail of petitioners no. 1, 2 and 3 stands rejected.

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(Ahsanuddin Amanullah, J)

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Prakash/-

Md. Nayeem @ Nayeem and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Nayeem @ Nayeem and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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