Allowed

MD Maqsud Alam @ MD Maqsu v. The State of Bihar

Patna HC6 Jun 2022CR. MISC./52635/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioner no. 2 in a case involving offences under the IPC alleging assault on the informant and her son. Bail was granted subject to conditions regarding antecedents and specific undertakings despite objections from the State.

What did the court decide?

Petitioner no. 2 directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties and meeting specific conditions.

MD Maqsud Alam @ MD Maqsu Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52635 of 2021

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Arising Out of PS. Case No.-379 Year-2021 Thana- ARARIA District- Araria

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

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MD MAQSUD ALAM @ MD MAQSU Son of Late Sagir Haji @ Sagiruddin Resident of Village- Gaiyari, P.S.- Araria, District- Araria

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MD MASROOR ALAM @ MASROOR ALAM SON OF MD. MAQSUD ALAM @ MD MAQSUD Resident of Village- Gaiyari, P.S.- Araria, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 06-06-2022

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Heard the learned counsel for the petitioner and

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the State.

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At the outset, learned counsel for the petitioners submits that the petition with respect to petitioner no. 1 has already been withdrawn vide order dated 07.04.2022.

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The petitioner no. 2, namely, Md. Masroor Alam alias Masroor Alam seeks bail apprehending his arrest, in connection with Araria P. S. Case No. 379 of 2021, registered for the offences punishable under Sections 447, 341, 323, 324, 379, 354B, 48, 504, 506 and 34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.52635 of 2021(3) dt.06-06-2022 2/4

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As per the allegation, the informant was

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dispossessed from her shop forcibly, and she and her son, aged about 13 years, assaulted by the petitioners causing injuries to them.

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The learned counsel for the petitioner no. 2 submits that the informant and the petitioners are family members and there is some property disputes between them. It has further been submitted that alleged injuries are simple in nature.

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It is also stated in paragraph no. 2 of the petition that no similar petition has been earlier filed by the petitioner either before this Court or before Hon'ble Apex Court.

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It has further been stated that the petitioner no. 2 has no criminal antecedent.

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However, the learned counsel for the informant as well as the learned APP for the State have opposed the prayer for bail saying that the injuries caused was on the neck of the son of the informant.

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Considering the afore-stated facts and

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circumstances, the petitioner no. 2, above-named, is directed

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Patna High Court CR. MISC. No.52635 of 2021(3) dt.06-06-2022 3/4

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to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P. S. Case No. 379 of 2021, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner no. 2 has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

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The application stands allowed accordingly.

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Patna High Court CR. MISC. No.52635 of 2021(3) dt.06-06-2022 4/4

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The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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MD Maqsud Alam @ MD Maqsu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

MD Maqsud Alam @ MD Maqsu v. The State of Bihar

Case brief

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What did the court decide?

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