High Court granted bail to two petitioners accused in a clustered altercation case involving death. Court directed release on bond with sureties to Chief Judicial Magistrate, Purnea.
Directs release of petitioners on bail on furnishing bond of Rs.10,000 with two sureties to C.J.M., Purnea.
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Patna High Court Cr.Misc. No.49504 of 2013 (3) dt.04-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49504 of 2013
====================================================== 1. Md. Abdul Jamal @ Abdul Jamal, S/O Late Bani Israil, Resident of Village- Chandghat, P.S.- K. Nagar (Sri Nagar), District- Purnea. 2. Md. Manjoor Alam, S/O Late Bani Israil, Resident of VillageChandghat, P.S.- K. Nagar (Sri Nagar), District- Purnea. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 04-04-2014 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with K. Nagar P.S. Case No. 561 of 2012 registered under Sections 147, 148, 341, 323, 324, 307, 447, 504 and 302 of the Indian Penal Code.
The allegation is that on protest by the informant, M. Hussain and others not to construct the house on the disputed land, the petitioners and four others assaulted to Abdul Kudus and Md. Pescar through lathi and stick and later on, Abdul Kudus died, in course of treatment.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that occurrence took place due to land dispute, in which, both side sustained injury and co-accused,
Patna High Court Cr.Misc. No.49504 of 2013 (3) dt.04-04-2014
Md. Jamal, also lodged a case, i.e., K. Nagar (Srinagar) P.S. Case No. 560 of 2012 under Sections 147, 148, 341, 323, 324, 307, 435 and 504 of the Indian Penal Code and in both cases, charge sheet have been submitted by the police after investigation. It is also submitted that there is general and omnibus allegation against the petitioners and others to cause assault to the deceased and one injured, Md. Pescar. Learned counsel for the petitioners further submits that similarly situated co-accused, Md. Jamshed and Md. Pravez have already been granted privilege of bail by this Court vide order dated 03.06.2013 passed in Criminal Misc. No. 17081 of 2013. It is further submitted that petitioners have no criminal antecedent and they are in custody since 05.10.2013.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with K. Nagar P.S. Case No. 561 of 2012.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
1 issue framed by the court
Whether the petitioners accused of serious offences including murder should be released on bail.
1 provisions across 1 enactments
Md. Abdul Jamal @ Abdul Jamal
Md. Manjoor Alam
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
