Allowed

Md. Daud @ Daud v. the State of Bihar

Patna HC6 Nov 2023CR. MISC./39599/2023

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application for anticipatory bail for six petitioners accused of murder and cheating. The court permitted bail upon surrender within six weeks contingent upon furnishing a bail bond of Rs. 20,000 with sureties.

What did the court decide?

Petitioners directed to surrender within six weeks to be enlarged on bail by furnishing bond of Rs. 20,000 each with two sureties of like amount.

Md. Daud @ Daud Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39599 of 2023

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Arising Out of PS. Case No.-275 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia

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

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MD. DAUD @ DAUD NA R/O Village- Bakra Adhang, PS. Jalalgarh, Dist. Purnea

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MD. MAHBOOB @ MAHBOOB S/O MD. JALIL R/O Village- Bakra Adhang, PS. Jalalgarh, Dist. Purnea

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MD. HELAL S/O MD. JALIL R/O Village- Bakra Adhang, PS. Jalalgarh, Dist. Purnea

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MD. SABIR @ SABIR S/O RAZISH R/O Village- Bakra Adhang, PS. Jalalgarh, Dist. Purnea

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MD. MUNAZIR S/O RAZISH R/O Village- Bakra Adhang, PS. Jalalgarh, Dist. Purnea

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MINTU S/O ZAFRUL R/O Village- Bakra Adhang, PS. Jalalgarh, Dist. Purnea

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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MD. NASIM @ NASIMUDDIN S/O LATE KALIMUDDIN R/O VillageBakra Adhang, PS. Jalalgarh, Dist. Purnea

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr.Manish Kumar, Advocate For the Informant : Mr. Faizel Karim, Advocate For the APP : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 06-11-2023

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Heard learned counsel for the petitioners, learned

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counsel for the informant and learned Additional Public Prosecutor for the State.

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2 . The petitioners are apprehending their arrest in a case in connection with Complaint Case No. (CA) 275 of 2019 registered for the offences punishable u/ss 302, 420, 406 read with

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Patna High Court CR. MISC. No.39599 of 2023(3) dt.06-11-2023 2/3

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section 34 of the Indian Penal Code.

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3. As per the prosecution case, the allegation against the petitioners is that Complainant’s son Shamim @ Md. Nazim and Md. Nasir were taken hostage by the petitioner no. 1 and the petitioner no. 2 and made them to work for a daily wage. When the Complainant’s son Shamim @ Md. Nazim demanded his due remuneration of Rs. 1,50,000/- and Rs. 40,000/- of his brother then the petitioner no. 1 killed him by assaulting with an iron rod on his head in front of his brother Md. Nasir at the behest of the petitioner no. 2. It is further alleged that the petitioners and the son of the complainant work together under the contractor at Ranikhet in Almora and the petitioners did not pay the outstanding amount to deceased under a conspiracy and killed him.

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4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioners have no concern with the alleged offence. Learned counsel has further submitted that the occurrence took place in Ranikhet, Almora (Uttrakhand) and the present complaint case has been filed in the State of Bihar. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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5. Learned A.P.P. for the State and learned counsel for

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Patna High Court CR. MISC. No.39599 of 2023(3) dt.06-11-2023 3/3

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the informant have vehemently opposed the bail petition of the petitioners.

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6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Purnea in connection with Complaint Case No. 275 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

Md. Daud @ Daud v. the State of Bihar

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Md. Daud @ Daud v. the State of Bihar

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