Allowed

Jahangir Mian @ Jahangir Alam and Ors. v. The State Of Bihar

Patna HC4 Dec 2018CR. MISC./69806/2018

Case brief

AI extract

What is this about?

High Court of Patna granted anticipatory bail to petitioners in a murder case, noting the primary charge against a co-accused and petitioners lack of criminal antecedents, releasing them subject to a bond of Rs.10,000 within 12 weeks.

What did the court decide?

Granted anticipatory bail release on furnishing bail bonds of Rs. 10,000 each with two like sureties within twelve weeks.

Jahangir Mian @ Jahangir Alam and Ors. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.69806 of 2018

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Arising Out of PS. Case No.-428 Year-2017 Thana- CHANPATIA District- West Champaran

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

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Jahangir Mian @ Jahangir Alam S/o Inayat Mian.

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Safaytu Nesha @ Safaytu Khatoon W/o Jamayat Mian

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Nurjahan Khatoon W/o Inayat Mian

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Jakir Mian @ Jakir Alam @ Hussain S/o Inayat Mian All Resident of Village-Barohia,P.S. Chanpatia, Distt.-West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh

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

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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ORAL ORDER

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2 04-12-2018

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Heard learned counsel for the petitioners, learned

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counsel for the informant and learned APP for the State.

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The petitioners are apprehending their arrest in a case initially registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324 and 504 of the Indian Penal Code. Subsequently, Section 302 IPC was also added after the death of the informant.

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The prosecution case as per the written report of Khalil Miyan, dated 23.11.2017, submitted to the Station House Officer, Chanpatia Police Station is to the effect that on 22.11.2017 at 8.00 A.M., the informant was going to sow the wheat crop in his field, in the meantime, ten FIR named accused

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Patna High Court Cr.Misc. No.69806 of 2018(2) dt.04-12-2018 2/3

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persons including the petitioners came, whereupon co-accused Inayat Miyan assaulted the informant with farsa, causing cut injury on the left hand of the informant and when the informant’s three daughters came to rescue him, they were also assaulted.

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It is submitted by learned counsel for the petitioners that the petitioners are the agnates of the informant and in the background of land dispute, the accusation has been levelled. The opinion of the doctor who conducted the postmortem examination, suggests that the victim died of anemia and hypertension. The injury of the daughters of the informant is not on record. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

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Learned APP submits that the accusation of assaulting the daughters of the informant is omnibus and general against all the accused persons.

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Considering the fact that thrust of accusation of assaulting the informant, who ultimately died, is against coaccused Inayat Miyan, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be

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Patna High Court Cr.Misc. No.69806 of 2018(2) dt.04-12-2018 3/3

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released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 428 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Jahangir Mian @ Jahangir Alam and Ors. v. The State Of Bihar

Case brief

What is this about?

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Jahangir Mian @ Jahangir Alam and Ors. v. The State Of Bihar

Case brief

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