Allowed

Md. Ujair v. The State of Bihar

Patna HC5 Nov 2020CR. MISC./15500/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioners in a criminal case involving sections of the IPC relating to assault and hurt. The court allowed bail bonds under conditions to be fulfilled upon arrest or surrender within twelve weeks.

What did the court decide?

Petitioners released on anticipatory bail if they surrender within twelve weeks, furnishing bond of Rs. 10,000 each with two sureties of like amount.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15500 of 2020

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Arising Out of PS. Case No.-330 Year-2019 Thana- BELAGANJ District- Gaya

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

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MD. UJAIR S/o Late Gulam Rasul Mian R/o Village-Hasanpur, P.S.Belaganj, District-Gaya.

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Md. Samir S/o Md. Ujair @ Md. Ujair Mian R/o Village-Hasanpur, P.S.Belaganj, District-Gaya.

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Md. Afjal S/o Md. Ujair @ Md. Ujair Mian R/o Village-Hasanpur, P.S.Belaganj, District-Gaya.

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Md. Akil @ Md. Akil Mian S/o Late Mubarak Miya R/o Village-Hasanpur, P.S.-Belaganj, District-Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Satya Nand Shukla

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

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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5 05-11-2020

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Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’

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under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

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The prosecution case, in short, is that the accused persons assaulted the informant and his brother due to which they sustained

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Patna High Court CR. MISC. No.15500 of 2020(5) dt.05-11-2020 2/2

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injuries.

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It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. From the order of the Sessions Court, it appears that the nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

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On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

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Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Gaya in connection with Belaganj P.S. Case No. 330 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Md. Ujair v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Ujair v. The State of Bihar

Case brief

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