Allowed

Manir Ahmad and Ors. v. The State Of Bihar

Patna HC20 Dec 2018CR. MISC./74732/2018

Case brief

AI extract

What is this about?

This order grants anticipatory bail to seven petitioners facing criminal charges for assault and other offences. The High Court allowed the petition, directing the petitioners to comply with bail conditions and appear before the trial court within four weeks. The bail is conditioned on furnishing a bond of Rs. 10,000 each with two sureties of the same amount to the Chief Judicial Magistrate at Mot

What did the court decide?

Anticipatory bail allowed; petitioners to appear within four weeks on furnishing bail bonds of Rs. 10,000 each with two sureties of like amount.

Manir Ahmad and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74732 of 2018

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Arising Out of PS. Case No.-547 Year-2016 Thana- TURKAULIYA District- East

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Champaran

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

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Manir Ahmad, Son of Sheikh Mulazim

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Nasir Ahmad, Son of Sheikh Mulazim

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Kalamuddin @ Kamaluddin, Son of Sheikh Ismail

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Dhora, Son of Sheikh Rajjak

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Afzal @ Sugga, Son of Manir Ahmad

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Tanveer @ Tanbir @ Tanwir Alam, Son of Dhora

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Raju @ Araju Son of Manir Ahmad

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All resident of Village- Mokhlispur, P.S. Banjaria, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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2 20-12-2018

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Heard learned counsel for the petitioners as well as

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learned Additional Public Prosecutor for the State.

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Petitioners apprehend their arrest in connection with Turkaulia (Banjaria) P.S. Case No. 547 of 2016 registered for the offences punishable under Sections 341, 323, 504, 354B, 324, 380, 452 of the Indian Penal Code and Section 3 /4 Prevention of Witch (Dain) Practice Act and 27 of the Arms Act.

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Petitioners are said to have assaulted the informant as well as her other family members, as a result whereof 4 persons

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Patna High Court Cr.Misc. No.74732 of 2018(2) dt.20-12-2018 2/3

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sustained injuries. Photostat copies of the injury reports have been annexed as Annexure-4 series to this petition. The aforesaid Annexure-4 series goes to show that all the injured have sustained simple injuries, said to be caused by hard and blunt substance.

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The petitioner No. 1 has also lodged Turkaulia (Banjaria) P.S. Case No. 523 of 2016 against the prosecution party for the same occurrence and in the aforesaid case, petitioner No. 1 claimed that it was prosecution party, who assaulted the petitioners. Moreover, it appears from Annexure-2 as well impugned order that the alleged occurrence of counter case took place on account land dispute.

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Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that abovenamed petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail 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, East Champaran at Motihari in Turkaulia (Banjaria) P.S. Case No. 547 of 2016 subject to conditions as laid down

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Patna High Court Cr.Misc. No.74732 of 2018(2) dt.20-12-2018 3/3

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under Section 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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Spd/-

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U T

Manir Ahmad and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Manir Ahmad and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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