Partly allowed

Md. Nayeem Akhtar v. The State of Bihar

Patna HC5 Dec 2020CR. MISC./26339/2020

Case brief

AI extract

What is this about?

Anticipatory bail application where petitioner no. 1 was arrested making the application infructuous. Bail denied to petitioner no. 2 due to weapon assault allegations but granted to co-petitioners no. 3 to 7 due to lack of specific allegations and existing counter-cases.

What did the court decide?

Application dismissed as infructuous for petitioner no. 1; dismissed for petitioner no. 2; allowed and directed to be released on bail with Rs. 10,000 bonds for petitioners no. 3 to 7 under Section 43

Md. Nayeem Akhtar 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.26339 of 2020

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Arising Out of PS. Case No.-235 Year-2019 Thana- CHAUSA District- Madhepura

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

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MD. NAYEEM AKHTAR S/o Late Md. Sahid Resident of Village-Birbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, District-Madhepura.

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Md. Jahangir S/o Md. Nayeem Akhtar Resident of Village-Birbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, District-Madhepura.

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Md. Modasir @ Md. Mohrsir S/o Md. Nayeem Akhtar Resident of VillageBirbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, DistrictMadhepura.

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Md. Parwaiz S/o Late Md. Taslim Resident of Village-Birbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, District-Madhepura.

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Md. Azad S/o Md. Ainul Resident of Village-Birbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, District-Madhepura.

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Md. Babar S/o Md. Zahir Resident of Village-Birbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, District-Madhepura.

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Md. Jawaid S/o Md. Zahir Resident of Village-Birbal tola, Ward No.01, Chousa Purbi, Police Station-Chousa, District-Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Surya Narayan Yadav For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 05-12-2020 Learned Counsel for the petitioners informs that

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the petitioner no. 1, Md. Nayeem Akhtar, has been arrested by the police during the pendency of this application and this application, so far as petitioner no. 1 is concerned, has become infructuous.

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Accordingly, this application, so far as petitioner no. 1, is concerned, is dismissed as having become infructuous.

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Patna High Court CR. MISC. No.26339 of 2020(2) dt.05-12-2020 2/4

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This application will now survive only for petitioner nos. 2 to 7.

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Heard learned Counsel for the petitioner nos. 2 to 7 and learned Additional Public Prosecutor for the State, through Video Conferencing.

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This application, for grant of anticipatory bail, arises out of Chousa Police Station Case No. 235 of 2019, disclosing offences under Sections 323/307/379/ 504/34 of the Indian Penal Code.

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The prosecution case, as per the First Information Report, is that the petitioner no. 2 assaulted the informant, by means of garasa on his head and there is no specific allegation of assault against petitioner nos. 3 to 7.

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Learned Counsel for the petitioner nos. 2 to 7 submits that the petitioners have not committed any offence in the manner alleged and both the parties are relatives and the brother of the petitioner no. 5 has lodged Chousa Police Station Case No. 234 of 2019 against the informant and others. He further submits that there is previous dispute between the parties.

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On the other hand, learned Additional Public Prosecutor, referring to the impugned order, submits that injuries caused to the informant on his head is inflicted by

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Patna High Court CR. MISC. No.26339 of 2020(2) dt.05-12-2020 3/4

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sharp-cutting weapon and there is allegation against petitioner no. 2 that he assaulted the informant on his head by means of garasa and, as such, the petitioner no. 2 does not deserve privilege of anticipatory bail.

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After having heard learned Counsel for the parties concerned and taking into consideration the materials on record, I am not inclined to grant the petitioner no. 2, namely, Md. Jahangir, privilege of anticipatory bail.

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This application, so far as petitioner no. 2, namely, Md. Jahangir, is concerned, is dismissed.

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However, considering the fact that there is no specific allegation of assault against petitioner nos. 3 to 7, who are relatives of the informant, and there is case and counter case, I am inclined to grant privilege of anticipatory bail to the petitioner nos. 3 to 7.

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This application, so far as petitioner nos. 3 to 7, is concerned, is allowed.

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Let the petitioner nos. 3 to 7, above named, in the event of their arrest or surrender before the Court below within six weeks from today, 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 learned Sub Divisional

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Patna High Court CR. MISC. No.26339 of 2020(2) dt.05-12-2020 4/4

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Judicial Magistrate, Udakishunganj, Madhepura, in connection with Chousa Police Station Case No. 235 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Md. Nayeem Akhtar v. The State of Bihar

Case brief

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Md. Nayeem Akhtar v. The State of Bihar

Case brief

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