Disposed

Mumtaj Alam v. The State of Bihar

Patna HC5 Apr 2023CR. MISC./2810/2023

Case brief

AI extract

What is this about?

Two anticipatory bail applications arising from the same police station case were heard together. The petitioners allegedly stopped a running feeder at a power sub-station and threatened electricity officials. The court allowed both applications, granting conditional pre-arrest bail with standard Section 438(2) conditions.

What did the court decide?

Both petitioners released on anticipatory bail upon arrest or surrender within six weeks, on bail bond of Rs.25,000 each with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

Mumtaj Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75260 of 2022

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Arising Out of PS. Case No.-265 Year-2022 Thana- ADAPUR District- East Champaran

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====================================================== RAMESH SINGH @ RAMESH KUMAR SINGH @ RAMESH SINHA Son of Late Satyanarayan Singh R/v- Murtiya, P.S.- Adapur, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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The North Bihar Power Distribution Company Ltd. Govt. of Bihar, Patna Bihar

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... ... Opposite Party/s

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

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WITH

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CRIMINAL MISCELLANEOUS No. 2810 of 2023

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Arising Out of PS. Case No.-265 Year-2022 Thana- ADAPUR District- East Champaran

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====================================================== MUMTAJ ALAM S/O LATE MANAUR MIYAN Resident of VillageSirisiya Kala Shekhwa Tola, P.S.- Adapur, District- East Champaran.

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 75260 of 2022) For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Suman Kumari Singh, APP For the N.B.P.D.C. Ltd. : Mr. Mukti Nath, Advocate (In CRIMINAL MISCELLANEOUS No. 2810 of 2023) For the Petitioner/s : Mr. Sunil Kumar No.I, APP For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP For the N.B.P.D.C. Ltd. : Mr. Mukti Nath, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 05-04-2023 As both these bail applications have cropped up from

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the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this

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Patna High Court CR. MISC. No.75260 of 2022(2) dt.05-04-2023 2/3

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common order.

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

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 353/34 of the Indian Penal Code.

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Both these petitioners are said to have come to the power sub-station and stopped the running feeder. They also abused and threatened the officials of the Electricity Department.

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It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ill motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, petitioners had given a petition to the Electrical Engineer against the informant and in retaliation thereto, this false and frivolous case has been lodged against the petitioners. Petitioner-Ramesh Singh @ Ramesh Kumar Singh @ Ramesh Sinha has one criminal antecedent, whereas petitioner - Mumtaj Alam has no criminal antecedent as mentioned in para-3 of their respective applications.

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Patna High Court CR. MISC. No.75260 of 2022(2) dt.05-04-2023 3/3

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Adapur P.S. Case No.265 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Mumtaj Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mumtaj Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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