Dismissed

Md. Umar Chand @ Chand Miyan @ Umar Chand v. The State of Bihar

Patna HC21 Jun 2019CR. MISC./15284/2019

Case brief

AI extract

What is this about?

Single Judge dismissed an application for regular bail. The petitioner alleged no personal involvement in firing. The court directed surrender to the lower court for bail consideration on its own merits without prejudice from this order.

What did the court decide?

Application dismissed; directions to surrender to lower court to seek regular bail on merits.

Md. Umar Chand @ Chand Miyan @ Umar Chand Vs The… — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15284 of 2019

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Arising Out of PS. Case No.-843 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur

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

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MD. UMAR CHAND @ CHAND MIYAN @ UMAR CHAND Son of Late Md. Alfarookh, Resident of Village - Mayaganj Rd. Mayaganj, P.S.- Barari, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shanker Pankaj For the State : Mr.Uma Shankar Prasad Singh For the O.P. : Mr. Shiwesh Chandra Mishra ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 21-06-2019 Heard the parties.

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This application is for grant of regular bail in connection with Kotwali (Barari) P.S.Case no.843 of 2018 dated 13.12.2018, for the offences under Sections G.R.No.6706 of 2018 of the Indian Penal Code.

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Allegation against the petitioner and other accused persons is that they lifted sister’s son of the informant and there is also allegation that they assaulted by Lathi and Danda and they fired on her sister and thrown her deadbody in the fire

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Submission of the learned counsel for the petitioner is that though he is named in the FIR but no allegation of firing is against the petitioner and other accused

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Patna High Court CR. MISC. No.15284 of 2019(4) dt.21-06-2019 2/2

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persons Md. Azam and Md. Sarwar have been granted privilege of anticipatory bail by this Court, but the learned counsel could not produce copy of the order.

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Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that the petitioner is named in the FIR and apart from that two witnesses in para nos. 6 and 7 have also made allegation that the petitioner has also fired .

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Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, let the petitioner surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

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With the above direction, this application is dismissed.

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(Vinod Kumar Sinha, J)

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chn/-

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U T

Md. Umar Chand @ Chand Miyan @ Umar Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Umar Chand @ Chand Miyan @ Umar Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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