Allowed

Mannan and Ors. v. The State Of Bihar

Patna HC24 Apr 2019CR. MISC./73371/2018

Case brief

AI extract

What is this about?

High Court allowed bail to petitioners 1-8 and 10-12 under S. 438 Cr.P.C. in a case involving affray and assault. Court conditioned release on arrest/surrender within six weeks and furnishing bail bond with sureties.

What did the court decide?

Petitioners 1 to 8 and 10 to 12 enlarged on bail in event of arrest or surrender within six weeks, furnishing Rs. 10,000 bond with sureties to Sub-Divisional Judicial Magistrate, Araria.

Mannan and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73371 of 2018

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Arising Out of PS. Case No.-282 Year-2018 Thana- RANIGANJ District- Araria

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

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Mannan, son of Allauddin.

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Allauddin.

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Nooruddin. Both sons of Late Badruddin.

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Niyaz alias Md. Niyaz.

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Kailu. Both sons of Nooruddin.

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Abbas alias Md. Abbas, son of Late Riyazuddin.

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Maskoor alias Maskoor Alam, son of Molbi Gayas.

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Mukhtar alias Muktar, son of Raquib.

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Ilyas alias Md. Ilyas, son of Late Riyazuddin.

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Jubair alais Md. Jubair.

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Arif alias Md. Arif. Both sons of Late Masleuddin.

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Razanoor, son of Late Siddique.

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All are resident of village-Dhama, Ward No.11, P.S. Araria (R.S. Raniganj), District-Araria.

... ... Petitioners.

Versus

The State Of Bihar

... ... Opposite Party.

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====================================================== Appearance : For the Petitioner nos.1 to 8 : Mr. Mohammad Sufyan, Advocate. and 10 to 12 For the State : Mr. Rajballabh Singh, A.P.P. For the Informant : Mr. Amol Raj, Advocate. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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4 24-04-2019 It appears that this application in respect of the petitioner no.9, namely, Ilyas alias Md. Ilyas, has already been dismissed being infructuous. Therefore, today, now, only the prayer of the petitioner nos.1 to 8 and 10 to 12, above named,

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for grant of privilege of pre-arrest bail is being considered.

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Heard learned counsel for the petitioner nos.1 to 8 and

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Patna High Court CR. MISC. No.73371 of 2018(4) dt.24-04-2019 2/3

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10 to 12, above named, and the learned A.P.P. for the State as also the learned counsel for the informant.

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The petitioner nos.1 to 8 and 10 to 12 apprehend their arrest in connection with Ranignj P.S. Case No.282 of 2018 registered under Sections 147, 148, 149, 323, 325, 435 and 307 of the Indian Penal Code.

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The accusation is that 19 persons, named in the F.I.R., including the petitioner nos.1 to 8 and 10 to 12 having lathi and farsa in their hand came at the door of the informant and started to commit “Maar-Peet”. At that time, Sahabuddin caused fracture injury at the right hand of the informant through lathi through, whereas Mahboob Alam caused injury through farsa at the head of the informant and all the accused also put the fire in the house of the informant.

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Learned counsel appearing on behalf of the petitioner nos.1 to 8 and 10 to 12 submits that due to land dispute, the occurrence of “Maar-Peet” took place in which the aforesaid petitioners’ side also sustained injury regarding which on the basis of the fardbeyan of the petitioner no.4 Niyaz alias Md. Niyaz, Raniganj P.S. Case No.281 of 2018 is also instituted on 27.08.2018 under Sections 147, 148, 149, 341, 323, 325, 427, 379, 435, 307, 354(B), 506 and 504 of the Indian Penal Code

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Patna High Court CR. MISC. No.73371 of 2018(4) dt.24-04-2019 3/3

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against the informant and others. Moreover, while the aforesaid petitioners are named in the F.I.R. but no specific overt act is attributed to them. The specific allegation is against Sahabuddin and Mahboob Alam to cause injury to informant. Moreover, in course of investigation, the Investigating Officer did not find any material on the spot about putting the fire in the house of the informant.

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Having considered the facts and the circumstances of the case, let the petitioner nos.1 to 8 and 10 to 12, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No.282 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

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(Rajendra Kumar Mishra, J)

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P.S./-

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U T

Mannan and Ors. v. The State Of Bihar

Case brief

What is this about?

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Mannan and Ors. v. The State Of Bihar

Case brief

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