Allowed

Md. Masiur Rahman @ Md. Masso @ Masruddin v. The State of Bihar

Patna HC5 Dec 2023CR. MISC./32607/2023

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in an assault case where allegations were general and omnibus and injuries simple. The court granted them anticipatory bail on furnishing bail bonds with two sureties each, subject to conditions under Section 438(2) Cr.P.C.

What did the court decide?

Petitioners released on anticipatory bail on arrest/surrender within six weeks on Rs.25,000 bail bond each with two sureties of like amount, subject to Section 438(2) Cr.P.C.

Md. Masiur Rahman @ Md. Masso @ Masruddin Vs The State of Bihar — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32607 of 2023

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Arising Out of PS. Case No.-93 Year-2021 Thana- KISHANPUR District- Supaul

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

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MD. MASIUR RAHMAN @ MD. MASSO @ MASRUDDIN Son of Sekh Majlish Resident of Village-Kishanpur, Police Station-Kishanpur Mojha, District-Supaul

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MD. SAMITTULLAH @ SAMITULLA Son of Ajimmullah Resident of Village-Kishanpur, Police Station-Kishanpur Mojha, District-Supaul

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MD. HASIUR RAHMAN @ MD. HASSO Son of Late Majlish Resident of Village-Kishanpur, Police Station-Kishanpur Mojha, District-Supaul

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Patla Kumari For the Opposite Party/s : Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 05-12-2023 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 341, 323, 324, 308, 379, 504 & 506/34 of the Indian Penal Code.

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The petitioners along with other co-accused are said to have assaulted the informant and his family members.

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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. The allegation levelled against the petitioners is not specific rather general and

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Patna High Court CR. MISC. No.32607 of 2023(4) dt.05-12-2023 2/2

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omnibus in nature. The injury sustained by the victim is simple in nature. It is further submitted that the informant is an Advocate by profession and he usually files false and frivolous cases against his neighbours. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case as well as the fact that the allegations are general and omnibus in nature and the injuries sustained by the victim is simple in nature, 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 Kishanpur P.S. Case No.93 of 2021, 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

Md. Masiur Rahman @ Md. Masso @ Masruddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Masiur Rahman @ Md. Masso @ Masruddin v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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