Allowed

Md. Samir v. The State of Bihar

Patna HC15 Mar 2021CR. MISC./14548/2020

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to three petitioners accused under sections 341, 323, 379, and 506/34 of the IPC. The court noted injuries were simple and a second FIR regarding the same occurrence already resulted in bail. The petitioners must surrender within six weeks.

What did the court decide?

Anticipatory bail directed on bond of Rs. 10,000 with two sureties each, conditional upon surrender within six weeks.

Md. Samir Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14548 of 2020

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Arising Out of PS. Case No.-328 Year-2019 Thana- BELAGANJ District- Gaya

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

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1. Md. Samir S/o Md. Ujair R/o- Village- Hasanpur, P.S.- Belaganj, DistrictGaya.

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1. Md. Afjal S/o Md. Ujair R/o- Village- Hasanpur, P.S.- Belaganj, DistrictGaya.

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

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ashok Kumar For the informant : Md. Hussain ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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6 15-03-2021

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Heard the learned counsel for the petitioners and

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Sri Ashok Kumar, the learned A.P.P. for the State.

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This is an application for grant of anticipatory bail in connection with Belaganj PS case no. 328 of 2019 registered for the offences punishable under Sections 341, 323, 379, 506/34 of Indian Penal Code.

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The allegation is regarding the accused persons including the petitioners herein having surrounded the informant and his younger brother, whereafter they are alleged to have assaulted them.

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The learned counsel for the petitioners has

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Patna High Court CR. MISC. No.14548 of 2020(6) dt.15-03-2021 2/3

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submitted that the petitioners are innocent and have been falsely implicated in the present case. The learned counsel for the petitioners has further submitted that the present case arises out of Belanganj PS case no. 328 of 2019 and immediately thereafter, another case bearing Belaganj PS case no. 330 of 2019 was lodged by the same informant for the same occurrence, however the petitioners have been granted the privilege of anticipatory bail in the said case by a co-ordinate Bench of this Court vide order dated 05.11.2020, passed in Cr. Misc. no. 15500 of 2020. It is further submitted that the present case arises out of case and counter case, inasmuch as a case has also been filed on behalf of the petitioners bearing Belaganj PS case no. 331 of 2019.

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The learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also those available in the case diary, I find that a general and omnibus allegation has been levelled against the petitioners and moreover, the injuries sustained by

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Patna High Court CR. MISC. No.14548 of 2020(6) dt.15-03-2021 3/3

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the injured persons are simple in nature apart from the fact that immediately, a second F.I.R. was lodged by the informant of the present case pertaining to the same occurrence, bearing Belaganj PS case no. 330 of 2019, in which the petitioners have already been granted anticipatory bail, hence I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with Belanganj PS case no. 328 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Md. Samir v. The State of Bihar

Case brief

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Md. Samir v. The State of Bihar

Case brief

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