This court disposed of an application for anticipatory bail. Bail was refused to the second petitioner due to serious allegations, while the others were granted bail to cooperate with investigations.
Anticipatory bail refused for Md. Jahid; granted for Md. Shahid and Md. Mojahid subject to bail bond of Rs.20,000 and 30-day cooperation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2293 of 2020
Arising Out of PS. Case No.-224 Year-2019 Thana- MANIYARI District- Muzaffarpur
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Adv For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
3 17-06-2020 The matter has been taken up through video conferencing.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,307,379,506/34 of the Indian Penal Code and Section 27 of the Arms Act.
For land dispute, there is case and counter case. Allegation against petitioners-Md. Shahid and Md. Jahid is of firing from their respective Guns. Petitioner-Md. Mojahid entered into the house of the informant and attempted to outrage
Patna High Court CR. MISC. No.2293 of 2020(3) dt.17-06-2020 2/3
the modesty of the female members of the family. Thereafter, petitioner-Md. Jahid committed assault with iron rod causing injury at the head of the informant. Informant fell down. Thereafter, Md. Jahid assaulted with But of the pistol. Other allegations are against other accused person.
Learned counsel for the petitioner submits that informant died during course of treatment and the postmortem report would reveal that there was no firearm injury on the person of the deceased and allegation of commission of assault with iron rod is against petitioner-Md. Jahid only.
Mr. Vipin Kumar, learned counsel for the informant opposed the prayer for anticipatory bail.
Considering the nature of allegation against petitioner No.2-Md.Jahid which is corroborated by the medical evidence, I am not inclined to enlarge him on anticipatory bail in connection with Maniyari P.S.Case No.224 of 2019 pending in the court of learned J.M. 1st Class, Muzaffarpur. Hence, prayer is refused.
Since allegation against petitioner Nos.1 and 3, namely, Md. Shahid and Md. Mojahid appears to be ornamental one due to land dispute for the purpose of consideration of this prayer for anticipatory bail, hence, let the petitioners, above
Patna High Court CR. MISC. No.2293 of 2020(3) dt.17-06-2020 3/3
named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Maniyari P.S.Case No.224 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case and also the petitioners shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
Accordingly, this application stands disposed off.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to all petitioners facing serious arrestable offences in a land dispute case.
1 provisions across 1 enactments
Md. Shahid and Md. Jahid and Md. Mojahid
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
