Single judge court granted anticipatory bail to four petitioners in a criminal case involving offences under IPC and Arms Act. Bail was conditioned on furnishing a bond and compliance with judicial magistrate.
Direction to release petitioners on anticipatory bail on furnishing bond of Rs. 10,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75041 of 2019
Arising Out of PS. Case No.-49 Year-2019 Thana- JALALGARH District- Purnia
======================================================
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Amitesh Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Jalalgarh case no. 49 of 2019 registered for the offences punishable under Sections 307, 379 and other sections of Indian Penal Code and 27 of Arms Act.
The allegation is that while the informant and his relatives were harvesting the Maize crops, the named accused persons including the petitioners and 60-65 persons, variously armed, had assaulted the husband of the informant by different weapons as a result of which, he received injuries. It has been further alleged that Mahfuzul had assaulted Mohbur with farsa, due to which, he sustained injuries. The accused persons namely Shamsul Haque and
Patna High Court CR. MISC. No.75041 of 2019(3) dt.02-12-2019 2/3
Ataur Rahman have been alleged to have fired resulting in firearm injuries to Md. Nizam Usuf.
The learned counsel for the petitioners submits that the present case is a counterblast to the occurrence, in which, one Ataur Rahman died and a case has been lodged by the accused Mahfuzul Hauq and for that, the present case has been lodged. The learned Sessions Judge has also stated in the impugned order that there was a fight between the parties and has also stated that on perusal of the case diary, no injury report was found nor any requisition of I.O. has been mentioned regarding injured being sent for treatment and as such, they have falsely been implicated in this case. It is further submitted that similarly situated co-accused persons have already been granted bail vide orders dated 16.09.2019 and 24.09.2019 passed in Cr. Misc. no. 58162 of 2019 and Cr. Misc. no. 59839 of 2019 respectively.
Having regard to the facts and circumstance of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief judicial Magistrate, Purnea in connection with Jalalgarh case
Patna High Court CR. MISC. No.75041 of 2019(3) dt.02-12-2019 3/3
no. 49 of 2019 subject to the conditions as laid down under Section
438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J)
rinkee/-
U T
1 issue framed by the court
Whether the petitioners are entitled to grant of anticipatory bail in the pending proceedings.
1 provisions across 1 enactments
ARAFUL @ ASHRAFUL Son of Late Musha
Sadam Son of Mafizul
Nashim Son of Ikramul
Sakim @ Md. Sakim Son of Ikramul
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
