Allowed

Md. Abul Hassan v. The State of Bihar

Patna HC21 Sept 2020CR. MISC./24165/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the petitioner in a criminal case under Section 307 IPC, considering the existence of a counter-case, lack of antecedents, and specific conditions attached to the release.

What did the court decide?

Petitioner released on bail on Rs. 10,000 with two sureties of the like amount each, subject to specific conditions of trial cooperation and non-tampering.

Md. Abul Hassan Vs The State of Bihar — Bail and Remand | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24165 of 2020

¶2

Arising Out of PS. Case No.-205 Year-2019 Thana- JALE District- Darbhanga

¶3

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

¶4

Md. Abul Hassan Son of Late Md. Nizam Resident of Village - Dighopatti, P.S.- Jalley, District - Darbhanga.

¶5

Versus

¶6

The State of Bihar

¶7

... ... Opposite Party/s

¶8

====================================================== Appearance : For the Petitioner/s : Mr.Nalin Kumar For the Opposite Party/s : Mr.A.P.P. ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶10

2 21-09-2020

¶11

Heard learned counsel for the petitioner and learned

¶12

A.P.P. for the State through video conferencing.

¶13

The petitioner seeks bail in Jalley P.S. Case No. 205 of 2019, G.R. No. 3537 of 2019, registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

¶14

It is submitted on behalf of petitioner that there is case and counter case. In fact, the present case has been filed as counter blast of the case, filed by petitioner which is earlier in point of time, vide Jalley P.S. Case No. 195 of 2019. It is further submitted that instant case has been filed after delay of eight days and there is no explanation for the same. Petitioner has no criminal antecedent and he is in custody since 28-02-2020.

¶15

Considering the aforesaid facts and circumstances, the

¶16

Patna High Court CR. MISC. No.24165 of 2020(2) dt.21-09-2020 2/2

¶17

bail application is allowed.

¶18

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Darbhanga in connection with Jalley P.S. Case No. 205 of 2019, G.R. No. 3537 of 2019 on the following conditions:

¶19

“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

¶20

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”.

¶21

(Prabhat Kumar Singh, J)

¶22

anay/-

¶23

U T

Md. Abul Hassan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Abul Hassan 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

Pankaj Yadav Vs The State of Bihar

Pawan Kumar Mahto Vs the State of Bihar

Chunnu Kumar Vs The State of Bihar

Ravindra Yadav Vs The State of Bihar

Rajesh Roy @ Rajesh Ray Vs The State of Bihar

Madhav Kumar Vs The State of Bihar