Allowed

Bibi Farjana and Ors. v. The State Of Bihar

Patna HC18 Dec 2018CR. MISC./72942/2018

Case brief

AI extract

What is this about?

The High Court at Patna allowed an application for anticipatory bail for nine petitioners accused under various IPC sections for assaults, snatching, and cheating. The court held that the FIR contained only general allegations with no specific overt acts against the petitioners and granted bail subject to standard conditions.

What did the court decide?

Anticipatory bail granted; petitioners to be released on bail bonds of Rs. 10,000 each with two sureties if arrested or surrender within six weeks, subject to conditions under Section 438(2) CrPC.

Bibi Farjana and Ors. Vs The State Of Bihar — Cheating and Forgery | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.72942 of 2018

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Arising Out of PS. Case No.-105 Year-2018 Thana- INDUSTRIAL District- Bhagalpur

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

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Bibi Farjana wife of Late Nasim

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Md. Faiyaj Sonof Md. Maquil

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Md. Kaiful Son of Md. Maquil

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Md. Tota @ Salom Son of Md. Maquil

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Md. Murad Son of Late Sajjaduddin

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Md. Shahnawaj @Md. Sanwaj Son of Md. Wasir

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Md. Bandhu Sonof Nasim

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Md. Chand Son of Nasim

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Md. Kallo Son of Nasim All are Resident of Village-Mukeri Tola,Rani Talab,Fatehpur,Police Station-Industrial Area,Distt.Bhagalpur

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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2 18-12-2018

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Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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This application for grant of anticipatory bail arises out of Industrial Area P.S. Case No. 105 of 2018 (G.R. No.4241 of 2018), disclosing offence under Sections 147, 148, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

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Arising out of some land dispute between the parties, the occurrence is said to have taken place. Allegedly, the named accused persons assaulted the informant and snatched the informant’s ATM Card, driving licence etc. and a cash worth

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Patna High Court Cr.Misc. No.72942 of 2018(2) dt.18-12-2018 2/2

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Rs.50,000/-.

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Learned Senior Counsel appearing for the petitioners has submitted that there is no specific allegation of overt act against the petitioners and the allegation is general and omnibus.

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On perusal of the First Information Report, I find the submission to be correct. Accordingly, this application is allowed. The petitioners, above named, in the event of their arrest or surrender before the Court within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Industrial Area P.S. Case No. 105 of 2018 (G.R. No.4241 of 2018), subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J)

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Pawan/-

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U T

Bibi Farjana and Ors. v. The State Of Bihar

Case brief

What is this about?

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Bibi Farjana and Ors. v. The State Of Bihar

Case brief

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