Allowed

Md. Ashraf v. The State of Bihar

Patna HC24 Jan 2023CR. MISC./24820/2022

Case brief

AI extract

What is this about?

The Patna High Court, in this criminal miscellaneous matter, allowed a bail application filed by Md. Ashraf in a case involving aggravated assault and robbery. The petitioner was ordered to be released on bail upon furnishing an advance bond of Rs. 10,000 with two sureties and complying with specific conditions under Section 392 IPC.

What did the court decide?

Petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the same amount.

Md. Ashraf Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24820 of 2022

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Arising Out of PS. Case No.-393 Year-2021 Thana- ARARIA District- Araria

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

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MD. ASHRAF S/o Ali Mohammad R/o village- Dimia Ward No. 04, P.S.Jalalgarh, District- Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Rajendra Prasad Nat

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

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 24-01-2023

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Heard Ld. counsel for the petitioner and Ld. APP

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for the State.

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The petitioner seeks bail in connection with Araria

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P.S. Case No. 393 of 2021, registered for the offences punishable under Section 392 of the Indian Penal Code.

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The prosecution case as emerges from the FIR is

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that four unknown persons looted the tractor of the informant.

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Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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case. He further submits that petitioner is not named in the

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FIR. He also submits that nothing has been recovered from

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Patna High Court CR. MISC. No.24820 of 2022(3) dt.24-01-2023 2/4

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the conscious possession of the petitioner. He further submits that no TIP has yet been conducted. He also submits that investigation in this case is complete and charge-sheet has already been submitted.

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He further submits that the petitioner has been languishing in jail since 13.09.2021.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail 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 Ld. Session Judge, Araria in connection with Araria P.S. Case No. 393 of

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Patna High Court CR. MISC. No.24820 of 2022(3) dt.24-01-2023 3/4

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2021 on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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below that statement regarding previous bail petition is

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Patna High Court CR. MISC. No.24820 of 2022(3) dt.24-01-2023 4/4

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wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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Ld. counsel for the petitioner is directed to remove all the defects, if any, 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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uttam/-

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U T

Md. Ashraf v. The State of Bihar

Case brief

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Md. Ashraf v. The State of Bihar

Case brief

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