Single bench oral order granting anticipatory bail to one petitioner and rejecting it for another based on the severity of alleged injuries, with further conditions for release on regular bail.
Anticipatory bail rejected for Md. Israil; allowed for Md. Karim with condition to release on bail within four weeks of arrest on bond of Rs. 10,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13120 of 2021
Arising Out of PS. Case No.-174 Year-2020 Thana- BANMANKHI District- Purnia
======================================================
MD. ISRAIL Son of Md. Yasin, Resident of Village - Makhanaha Harpur Madi, Ward No. 10, P.S.- Banmankhi, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 26050 of 2021
Arising Out of PS. Case No.-174 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== MD KARIM Son of Md. Siddique, Resident of Village - Makhanaha Harpur Madi, Ward no.10, P.S.- Banmankhi, Distt.- Purnea.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 13120 of 2021) For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Md. Shamimul Hoda Mr. Surya Narayan yadav Mr. Sunil Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 26050 of 2021) For the Petitioner/s : Mr.Sanjeev Kumar Mr. Shamshad Alam For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER
3 22-02-2022 The learned counsel for the petitioners is directed to
remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners and the learned counsel for the informant as well as the learned counsel
Patna High Court CR. MISC. No.13120 of 2021(3) dt.22-02-2022 2/3
for the informant.
The petitioners apprehend their arrest in connection with Banmankhi P.S. Case No. 174 of 2020 registered for offence punishable under sections 448, 341, 323, 324, 379, 354, 307/34 of the Indian Penal Code.
There is a specific allegation against Md. Israil that he inflicted Farsa blow on the head of Md. Abdul Kayum, the husband of the informant.
As per injury report, injuries found on the person of Md. Abdul Kayum are grievous. As such, the petitioner Md. Israil do not deserve the benefit of anticipatory bail and accordingly, his prayer for anticipatory bail is rejected .
So far as petitioner Md. Karim is concerned, although there is allegation that he, after sitting on the chest of Abdul Kayum, pressed his neck, but no corroborative injury was attributed against him. As such, his prayer for anticipatory bail is allowed.
Let the petitioner Md. Karim , in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Purnea in connection
Patna High Court CR. MISC. No.13120 of 2021(3) dt.22-02-2022 3/3
with Banmankhi P.S. Case No. 174 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J)
kamlesh/Mahesh
U T
2 issues framed by the court
Whether the prayers for anticipatory bail under section 438 Cr.P.C. ought to be allowed or rejected given the specific allegations of offence against the petitioners.
Whether the conditions for release on regular bail should be laid down for the applicant whose bail was granted.
1 provisions across 1 enactments
Md. Israil
Md. Karim
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
