Allowed

Jumman and Anr. v. The State Of Bihar

Patna HC18 Jun 2018CR. MISC./33461/2018

Case brief

AI extract

What is this about?

In this bail application arising out of a public prosecution under sections 147, 148, 149, 341, 323, 326, 307, 504, 506 of the Indian Penal Code and section 27 of the Arms Act, the High Court allowed anticipatory bail. The Court held that while the petitioners were alleged as members of an unlawful assembly, there was no specific allegation of any overt act against them. The bail was granted subje

What did the court decide?

Anticipatory bail allowed; surrender within six weeks required; release conditional on bail bond of Rs.10,000 and two sureties with conditions of local sureties, cooperation, presence, and no evidence

Jumman and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33406 of 2018

¶2

Arising Out of PS.Case No. -263 Year- 2017 Thana -ARA NAGAR District- BHOJPUR

¶3

====================================================== Mahangu Miyan @ Mahangu, S/o Moien Miyan, R/o Vill.- Dharahara, P.S.Ara (Town), District- Bhojpur (Ara).

¶4

.... .... Petitioner/s

¶5

Versus

¶6

The State of Bihar

¶7

.... .... Opposite Party/s

¶8

====================================================== with Criminal Miscellaneous No.33461 of 2018

¶9

Arising Out of PS.Case No. -263 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== 1. Jumman, S/o Late Moien Miyan, 2. Mohd. Mumtaz, S/o Late Ramjani Miyan, Both R/o Vill.- Dharahara , P.S.- Ara (Town), District- Bhojpur (Ara).

¶10

.... .... Petitioner/s Versus

¶11

The State of Bihar

¶12

.... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.33406 of 2018) For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. (In Cr.Misc. No.33461 of 2018) For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

¶13

2 18-06-2018 Heard learned counsel for the petitioners and the

¶14

State.

¶15

The petitioners apprehend their arrest in Ara (Town)

¶16

P.S. Case No. 263 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 326, 307, 504, 506 of the Indian

¶17

Patna High Court Cr.Misc. No.33406 of 2018 (2) dt.18-06-2018

¶18

2/3

¶19

Penal Code and Section 27 of the Arms Act.

¶20

Learned counsel for the petitioners has submitted that petitioners are only alleged to be member of unlawful assembly. There is no allegation of any specific overt act against the petitioners.

¶21

In the written report there is specific allegation of causing firearm injury to the informant against co-accused Chand Miyan and Nayem Mistri.

¶22

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Ara (T) P.S. Case No. 263 of 2017 , they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara , subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be

¶23

Patna High Court Cr.Misc. No.33406 of 2018 (2) dt.18-06-2018

¶24

3/3

¶25

liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

¶26

(Sanjay Priya, J)

¶27

S.Ali/U T

Jumman and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jumman and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nilam Kumar Agrawal Vs State Of Bihar and Anr.

Zirwa Devi and Ors. Vs The State Of Bihar

Nitish Choudhary and Ors. Vs The State Of Bihar

Dikesh Kumar Rai @ Dikesh Rai @ Dikesh Kumar and Ors. Vs The State Of Bihar

Mahangu Miyan @ Mahangu Vs The State Of Bihar

Raghu Mahato and Anr. Vs The State Of Bihar