Allowed

Md. Raja @ Md. Shahnawaz Alam v. the State of Bihar

Patna HC6 Dec 2023CR. MISC./48688/2023

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC for offences including dacoity and grievous hurt, the single judge directed release on bail if the petitioner surrendered within four weeks, considering the existence of a case-and-counter-case scenario and lack of prior criminal antecedents.

What did the court decide?

Bail granted upon surrender within four weeks; bond of Rs. 25,000 with two sureties; verification of antecedents directed.

Md. Raja @ Md. Shahnawaz 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.48688 of 2023

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Arising Out of PS. Case No.-1261 Year-2022 Thana- DANAPUR District- Patna

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

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Md. Raja @ Md. Shahnawaz Alam, Son of Md. Aftab Alam, R/O-Budhiya Kuan, Saguna, P.S.-Danapur, Distt.-Patna.

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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5 06-12-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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2. The petitioner in the present case is seeking prearrest bail in connection with Danapur P.S. Case No. 1261 of 2022 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code. He has got no criminal antecedent.

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3. As per the prosecution story, on 11.01.2022 at about 08:15 P.M. while the informant was taking a walk in front of his house, the accused person started hurling abuses, thereafter, Md. Aftab Alam along with his son Md. Raja (petitioner) assaulted him on his head by the butt of the pistol as a result of which he sustained injury. In the meantime, other accused persons, Anjum and Hina attacked him with iron rod and took away golden chain of 10gms and Rs.7600/- from his pocket.

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Patna High Court CR. MISC. No.48688 of 2023(5) dt.06-12-2023 2/3

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is a case and counter case between the parties and both the sides have assaulted each other.

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5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

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6. Having regard to the facts and circumstances of the case wherein there is a case and counter case between the parties in which both the sides have assaulted each other, this petitioner is said to have assaulted the informant by butt of the pistol on his head causing injury, however, the injury has not been shown in the case diary and both the parties are close door neighbours, the petitioner has otherwise no criminal antecedents, in these circumstances, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Danapur P.S. Case No. 1261 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur (Patna), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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7. And further condition that the court below shall

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Patna High Court CR. MISC. No.48688 of 2023(5) dt.06-12-2023 3/3

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verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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8. This application stands allowed.

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(Rajeev Ranjan Prasad, J)

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SUSHMA2/-

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U T

Md. Raja @ Md. Shahnawaz Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Raja @ Md. Shahnawaz Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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