Partly allowed

Md. Sadre Alam Khan and Ors. v. The State Of Bihar

Patna HC24 Jan 2019CR. MISC./1695/2019

Case brief

AI extract

What is this about?

The Court granted interim bail for some applicants but denied anticipatory bail to petitioner no. 4, directing his surrender and regular bail application to the lower court within six weeks.

What did the court decide?

Petitioner No. 4 directed to surrender for regular bail; others directed to surrender and get released on bail by lower court upon furnishing bond and sureties.

Md. Sadre Alam Khan and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1695 of 2019

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Arising Out of PS. Case No.-372 Year-2018 Thana- PUPRI District- Sitamarhi

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1. Md. Sadre Alam Khan, Son of Md. Allauddin Khan

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1. Md. Aslam Khan @ Alam Khan, Son of Md. Allaudin Khan 3) Noorjahan Khatoon @ Noorjahan, Wife of Md. Allauldin Khan.

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1. Md. Gaffar Khan @ Gaffar Khan, Son of Late Usman Khan.

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1. Ahmadee Khatoon, Wife of Md. Gaffar Khan.

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1. Shahjahan Khatoon, Wife of Md. Tamanne Khan.

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1. Shabia Khatoon, Wife of Md. Alam Khan.

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All are residents of village – Goat Bedaul, Ward No. 13, P.S. - Pupri, District – Sitamarhi.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Sri Damodar Prasad Tiwary

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 24-01-2019 This application, for grant of anticipatory bail, arises out of Pupri P.S. Case No. 372 of 2018, disclosing offences under Sections 147, 148, 341, 323, 406, 307, 54, 506 and 324 of the Indian Penal Code.

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Allegation as per F.I.R is that petitions nos. 1 and 2 have taken Rs. 20,000/- from the informant and when he demanded his money, the petitioners alleged to have assaulted the informant by fists and slaps and specific allegation against petitioner no. 4 that he assaulted the informant by means of knife.

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Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and no specific allegation has been attributed to the petitioners and the impugned

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Patna High Court Cr.Misc. No.1695 of 2019(2) dt.24-01-2019 2/2

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order shows that there is no injury report available on record. Further, there is case and counter case between the parties.

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Heard learned A.P.P. also.

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Having heard both sides, considering the the facts and circumstances of the case, so far petitioner no. 4 is concerned, I am not inclined to grant privilege of anticipatory bail to petitioner no. 4 rather he should surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case.

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So far other petitioners are concerned, in the event of their arrest or surrender before the court below within a period of six weeks, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate – Pupri, Sitamarhi, in connection with Pupri P.S. Case No. 372 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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With the above observation and direction, this application is

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disposed of.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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U T

Md. Sadre Alam Khan and Ors. v. The State Of Bihar

Case brief

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Md. Sadre Alam Khan and Ors. v. The State Of Bihar

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