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Md. Imteyaj @ Imteyaj v. The State Of Bihar

Patna HC12 Dec 2018CR. MISC./65139/2018

Case brief

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What is this about?

Petitioner sought anticipatory bail in an FIR alleging offences including murder and cheating. Court granted bail upon surrender within 12 weeks with a bond of Rs. 10,000 and two sureties, subject to CrPC Section 438(2) conditions.

What did the court decide?

Petitioner released on anticipatory bail upon surrender within 12 weeks, furnishing bond of Rs. 10,000 with two sureties.

Md. Imteyaj @ Imteyaj Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.65139 of 2018

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

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======================================================

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MD. IMTEYAJ @ IMTEYAJ Son of Md. Salam Resident of VillageDharahara P.S. Ara (Town), District- Bhojpur(Ara).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Umeshnand Pandit ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 12-12-2018 Heard learned counsels for the parties.

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The petitioner is apprehending arrest in a case registered

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for the offences punishable under Sections 147,148,149,341,323,326,307,504 and 506 of the IPC and Section 27 of the Arms Act.

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The prosecution case as per the Fardbeyan of Tanbeer Anwar dated 13.5.2017 is to the effect that 16 FIR named accused persons came and surrounded the informant. It is alleged that firing was resorted to by co-accused Chand Miyan and Nayeem Mistry which hit the informant. Further they also fired at the brother of the informant.

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It is submitted by learned counsel for the petitioner that the occurrence took place in the background of quarrel between the children of both sides.

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Patna High Court Cr.Misc. No.65139 of 2018(2) dt.12-12-2018 2/2

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It is submitted by learned APP that specific accusation of firing is against co-accused Chand Mian and Nayeem Mistry. There is counter version of the occurrence also. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and similarly situated coaccused has been granted anticipatory bail by a Bench of this Court in Cr. Misc. Nos. 33406 and 33461 of 2018.

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Considering the genesis of the occurrence and the accusation being omnibus and general, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Ara (T) P.S. Case No.263 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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anil/-

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Md. Imteyaj @ Imteyaj v. The State Of Bihar

Case brief

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Md. Imteyaj @ Imteyaj v. The State Of Bihar

Case brief

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