Allowed

Ali Ahmad v. the State of Bihar

Patna HC20 Sept 2021CR. MISC./22104/2021

Case brief

AI extract

What is this about?

This order grants anticipatory bail to nine petitioners in a police case involving alleged attack on police personnel and illegal possession of tractors. The petitioners were required to appear within twelve weeks and furnish bail bonds on personal bond subject to specific conditions.

What did the court decide?

Anticipatory bail granted on personal bond subject to conditions; appearance required within twelve weeks; furnishing of bail bonds with two sureties within eight weeks.

Ali Ahmad 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.22104 of 2021

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Arising Out of PS. Case No.-62 Year-2020 Thana- BHANGHA District- West Champaran

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

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ALI AHMAD R/o Village- Bhogadi Tola, P.S.- Manpur, District- West Champaran.

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Azizul Rahman R/o Village- Bhogadi Tola, P.S.- Manpur, District- West Champaran.

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Majibul Rahman @ Mojibul Rahman R/o Village- Bhogadi Tola, P.S.Manpur, District- West Champaran.

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Safi Rahman @ Safi Ahmad S/o Late Amdalah Miyan R/o Village- Bhogadi Tola, P.S.- Manpur, District- West Champaran.

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Osiyar Sheikh S/o Late Majid Sheikh R/o Village- Bhogadi Tola, P.S.Manpur, District- West Champaran.

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Sakil Ahmad S/o Majibul Rahman @ Mojibul Rahman R/o Village- Bhogadi Tola, P.S.- Manpur, District- West Champaran.

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Akil Ahmad @ Wokil Ahmad S/o Majibul Rahman @ Mojibul Rahman R/o Village- Bhogadi Tola, P.S.- Manpur, District- West Champaran.

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Sahzad Ahmad @ Majal Alam S/o Safi Rahman @ Safi Ahmad R/o VillageBhogadi Tola, P.S.- Manpur, District- West Champaran.

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Sk. Nanhu @ Jahangir Alam S/o Osiyar Sheikh R/o Village- Bhogadi Tola, P.S.- Manpur, District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 20-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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The present matter is being taken up out of turn on the mentioning slip filed on behalf of the petitioners stating therein that the petitioner No.1 has already been taken into judicial

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Patna High Court CR. MISC. No.22104 of 2021(2) dt.20-09-2021 2/4

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custody and the present application has become infructuous in respect of petitioner No.1. Let the mentioning slip filed on behalf of the petitioners be kept on the record.

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Application filed on behalf of petitioner No.1 is dismissed as withdrawn.

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Counsel for the petitioner Nos.2 to 9 is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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The petitioner Nos.2 to 9 are apprehending their arrest in connection with Bhangaha P.S. case No.62/2020 registered under Sections 147, 148, 149, 341, 342, 323, 379, 413, 353, 307, 387, 420, 406 of the Indian Penal Code and Sections 4, 40A of B.M.C. Rule 1972 and Section 15 of Environment Act and Sections 21(4) of MMDR Act 1957, amendment 2015 as well as Section 3 of Prevention of Damage of Public Property Act.

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Allegation is that the accused persons including the petitioner Nos.2 to 9 and 100 unknown persons attacked upon the police party and forcibly took away the tractors loaded with sand from the police custody and they put hindrance during discharge of duty by the police personnel.

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It has been submitted on behalf of the petitioner Nos.2

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Patna High Court CR. MISC. No.22104 of 2021(2) dt.20-09-2021 3/4

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to 9 that the petitioner Nos.4 to 9 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner Nos.2 to 9. The petitioner Nos.2 to 9 have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner Nos.2 to 9. Altogether 21 persons along with 100 unknown persons have been named in the F.I.R.

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On behalf of the State, it is submitted that the petitioner Nos.2 to 9 are named in the complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioner Nos.2 to 9, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Sri Manoj Kumar, learned Judicial Magistrate 1^st class, Bettiah, West Champaran in connection with Bhangaha P.S. case No.62/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner Nos.2 to 9 will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in

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Patna High Court CR. MISC. No.22104 of 2021(2) dt.20-09-2021 4/4

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connection with the aforesaid case.

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(Sudhir Singh, J)

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Narendra/-

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U T

Ali Ahmad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ali Ahmad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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