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Md. Shamshad v. The State of Bihar

Patna HC14 Jul 2022CR. MISC./4145/2022

Case brief

AI extract

What is this about?

Single Judge of the Patna High Court dismissed antecedent anticipatory bail application withdrawn vide order dated 28.06.2022 and granted bail to petitioners in police case No. 63 of 2021 for offences under IPC Sections 308, 323 upon furnishing bond to satisfaction of the court below.

What did the court decide?

Petitioners directed to be enlarged on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount to satisfaction of the court below within six weeks.

Md. Shamshad Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4145 of 2022

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Arising Out of PS. Case No.-63 Year-2021 Thana- NIMACHANDPURA District- Begusarai

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Md. Shamshad Son of Md. Sahid Resident of Village - Kushamaut, P.S. - Neemachandpura, District - Begusarai.

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Md. Shamsher Son of Md. Salim Resident of Village - Kushamaut, P.S. - Neemachandpura, District - Begusarai.

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Md. Ibrahim Son of Late Md. Leyakat Resident of Village - Kushamaut, P.S. - Neemachandpura, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Informant : Mr Rajesh Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman

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

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 14-07-2022

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The anticipatory bail application of Md. Ibrahim petitioner no. 3 has been dismissed as withdrawn vide order dated 28.06.2022.

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Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners apprehend their arrest in Neemchandpura P.S. Case No. 63 of 2021, registered for the offences punishable under Sections 308, 323 and other allied sections of the Indian Penal Code.

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As per the prosecution case Md. Shamshad petitioner no. 1 assaulted with iron rod and Md. Shamsher assaulted with

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Patna High Court CR. MISC. No.4145 of 2022(3) dt.14-07-2022 2/2

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sword to Badlu (son of informant).

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It is submitted that there is case and counter case. Present case is counter blast of Neemachandpura PS Case No. 62 of 2021 which was filed by Md. Ashraf uncle of the petitioners against son of informant and others. Injury report of Badlu suggest that injuries are simple in nature. Petitioners have got clean antecedents.

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Counsel for informant however vehemently opposed the prayer for bail.

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Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Begusarai in connection with Neemachandpura P.S. Case No. 63 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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vinita/- U T

Md. Shamshad v. The State of Bihar

Case brief

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Md. Shamshad v. The State of Bihar

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