The Patna High Court granted bail to Md. Majeed Safi, accused of offences under Sections 341, 323, 379, 420, 504, and 506 IPC. The court released him on bail following submission of no criminal antecedents.
Bail granted subject to furnishing a bond of Rs. 10,000 and two sureties of similar amount within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53709 of 2017
Arising Out of PS.Case No. -107 Year- 2017 Thana -PRATAPGANJ District- SUPAUL
====================================================== Md. Majeed Safi, son of Mannat Safi, resident of village-Bhawanipur, North, Ward No.2, P.S.- Pratapganj, District-Supaul.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Pratapganj P.S. Case No. 107 of 2017 for an offence under sections 341, 323, 379, 420, 504 and 506 of the Indian Penal Code.
2 10-11-2017
Counsel for the petitioner submits that from perusal of fard-beyan it appears that informant has concocted a case against this petitioner.
Referring to paragraphs 8-9 of the petition he submitted that the reason behind false implication of this petitioner is that the petitioner while functioning as Sarpanch has not extended favoured to Md. Samsad.
Paragraphs 8-9 of the petition is reproduced hereinbelow:-
Patna High Court Cr.Misc. No.53709 of 2017 (2) dt.10-11-2017
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“That, actually the present case has been concocted on account of enmity as one Md. Aziz had filed a case before the Gram Kachahary against his step brother Md. Samsad and petitioner is in the capacity of Sarpanch did not delivered the final verdict to favour the counter claim of Md. Samsad and as such judgment was dictated and delivered by the petitioner on 24.05.2017 in which it has been advised that the present forum is not entitle to pass appropriate order because the matter of partition between two step brothers. Thus without any occurrence and incident the present case has been hatched against the petitioner.
That, it is humbly submitted that the petitioner earlier filed and informatory petition before the court of A.C.J.M., Birpur at Supaul regarding the occurrence took place on 16.08.2017 on Wednesday in the Gram Kachahray at 11 A.M. when the petitioner was ready to hear the related Panchayat dispute the informant, his father and neighbour Fakir Mohammad pressurized to pass the order in his favour in Gram Kachahray Case No. 01 of 2017.
Considering the aforesaid facts and circumstances and the fact that as per statement in para-3 that the petitioner has no criminal antecedent , let the petitioner, named above, be released on bail in the event of arrest or surrender before the court
Patna High Court Cr.Misc. No.53709 of 2017 (2) dt.10-11-2017
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below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Birpur at Supaul, in connection with Pratapganj P.S. Case No. 107 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in P.S. Case No. 107 of 2017 pending post-sanction of FIR.
Whether to allow release of the petitioner on bail bond with sureties on consideration of antecedent criminal record.
1 provisions across 1 enactments
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
