Allowed

Md. Ali Kunjara v. The State of Bihar

Patna HC15 Dec 2020CR. MISC./12177/2020

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner regarding offences under IPC Sections 307, 147, and others. The court directed surrender within eight weeks and furnishing a bail bond with sureties as per Section 438(2) CrPC.

What did the court decide?

Petitioner directed to surrender within eight weeks on furnishing bail bond of Rs. 10,000 with two sureties each to the satisfaction of the Additional Chief Judicial Magistrate.

Md. Ali Kunjara Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12177 of 2020

¶2

Arising Out of PS. Case No.-226 Year-2018 Thana- RIVILGANJ District- Saran

¶3

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

¶4

MD. ALI KUNJARA Son of Haider Ali Resident of Village-Revelganj, Pothian Bazar, P.S.-Revelganj, District-Saran.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Adv. For the Opposite Party/s : Mr.Madan Kumar, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶11

6 15-12-2020

¶12

Heard learned counsel for the petitioner and learned APP for the State, through video conferencing.

¶13

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Rivilganj P.S. Case No. 226 of 2018 registered for the offence under sections 307, 147, 148, 341, 323, 324, 379, 504 and 506 of the Indian Penal Code.

¶14

As per allegation in the FIR, the accused persons including the petitioner herein are stated to have come variously armed and the petitioner is stated to have given a farsa blow on the head of the informant.

¶15

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. There is case and counter case between the parties.

¶16

Patna High Court CR. MISC. No.12177 of 2020(6) dt.15-12-2020 2/3

¶17

The correct version of the occurrence has been narrated in the FIR being Rivilganj P.S. Case No. 227 of 2018 (Annexure-2) lodged by Asmaa Begum. It is submitted that from the so called injury report, it would transpire that the same does not support the allegations made in the FIR as it is said to have been caused by hard and blunt substance. It is further submitted that with respect to the opinion on the nature of injury, the same is stated to have been reserved awaiting the report of C.T. scan.

¶18

The application for bail is opposed by learned APP for the State.

¶19

Having heard learned counsel for the parties, it may be stated here that the nature of injury not being available in the case diary, by order dated 8.10.2020 the same was called for from the investigating officer of the case with a copy of the order being sent to the Senior Superintendent of Police, Saran. From the report dated 8.7.2020 received under the signature of Superintendent of Police, Saran, Chhapra addressed to the Assistant Registrar, Patna High Court, Patna, it has been stated that on being contacted, the informant stated that he was alright and had no problem, and he did not get the C.T. scan done.

¶20

In view of the facts and circumstances of the case and the submissions made on behalf of the petitioner, the Court is

¶21

Patna High Court CR. MISC. No.12177 of 2020(6) dt.15-12-2020 3/3

¶22

inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Rivilganj P.S. Case no. 226 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

¶23

(Partha Sarthy, J)

¶24

sushma/-

¶25

U T

Md. Ali Kunjara v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Ali Kunjara v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mumtaz Hawari Vs The State of Bihar

Vinod Pandey @ Vinody Pandey @ Binod Pandey Vs the State of Bihar

Nilam Raj Vs The State of Bihar

Md. Shahid @ Md. Shahid Miyan Vs The State of Bihar

Pawan Paswan Vs The State of Bihar

Prakash Sah Vs the State of Bihar