Petitioners sought bail in a case involving assault under Sections 302, 379 IPC. The High Court allowed bail subject to furnishing bonds and specific conditions regarding sureties, genealogy, and attendance.
Release of petitioners on bail bonds of Rs. 10,000/- each with two sureties of the like amount subject to specific conditions.
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Patna High Court Cr.Misc. No.51906 of 2013 (3) dt.07-02-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51906 of 2013 ====================================================== 1. Atiqur Rahman Son Of Late Abdul Mazid Resident Of Village- Harna, P.S.- Rudrapur, District- Madhubani 2. Obais Alam S/O Md. Zaffir Resident Of Village- Harna, P.S.- Rudrapur, District- Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 07-02-2014 Heard learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in a case registered under Sections 3078, 379 and some other sections of the Indian Penal Code on 26.8.2012 and after death of the injured section 302 Indian Penal Code was added.
The informant has alleged that he along with his brother Tausir was sitting at his Darwaja where he was verifying the account of Poultry farm, accused persons at the Darwaja of petitioner no. 1 formed unlawful assembly. It has been alleged that at the behest of petitioner no. 1 all the accused persons attacked on the informant and his brother with traditional weapons. Rahamat
Patna High Court Cr.Misc. No.51906 of 2013 (3) dt.07-02-2014
Hafij was assaulted by the iron rode upon the head.
Submission is that at best the petitioner no. 1 has been described as order giver and there is no specific attribution against any of the accused. It has also been submitted that other identically situated accused persons, namely, Badre Alam, Sadre Alam and Md. Rustam were admitted to bail by this Court vide order dated 22.2.2013 passed in Cr. Misc. No. 4766 of 2013.
Considerings the facts and circumstances of the case, the petitioners above named are directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Chandra Vir Singh, J. M. Ist Class, Jhanjharpur, DistrictMadhubani in connection with Rudrapur P.S. Case No. 61 of 2012 with the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter, the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) that the petitioners will give an undertaking that they will receive the police papers on
Patna High Court Cr.Misc. No.51906 of 2013 (3) dt.07-02-2014
the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (iv) that the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Shyam Kishore Sharma, J)
avin/-
1 issue framed by the court
Whether the petitioners are entitled to bail in a case involving alleged assault resulting in death under Sections 302 and 379 IPC.
1 provisions across 1 enactments
Atiqur Rahman
Obais Alam
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
