Partly allowed

MD Alam @ MD Alim v. the State of Bihar

Patna HC6 Dec 2023CR. MISC./65089/2023

Case brief

AI extract

What is this about?

Single judge order dismissing bail for petitioners 1 and 5 as alleged assailants of the deceased in an IPC murder/rioting case, while granting regular bail for petitioners 2, 3, and 4 released on bond after charge framing pending since over six months.

What did the court decide?

Bail dismissed for petitioners 1 and 5; regular bail allowed for petitioners 2, 3 and 4 on bond of Rs. 10,000 with two sureties after framing of charge.

MD Alam @ MD Alim 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.65089 of 2023

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Arising Out of PS. Case No.-120 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa

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

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Md Alam @ Md Alim S/O Md. Hanif R/O Village- Kantho Tolwa, Ward No. 10, Ps. Bakhtiyarpur, Op. Belwahat, Dist. Saharsa

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Md. Sartal @ Md. Chhedi S/O Late Md. Rahim R/O Village- Kantho Tolwa, Ward No. 10, Ps. Bakhtiyarpur, Op. Belwahat, Dist. Saharsa

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Md. Atabul S/O Late Taj @ Tazo R/O Village- Kantho Tolwa, Ward No. 10, Ps. Bakhtiyarpur, Op. Belwahat, Dist. Saharsa

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Md. Anwar S/O Late Kamruddin R/O Village- Kantho Tolwa, Ward No. 10, Ps. Bakhtiyarpur, Op. Belwahat, Dist. Saharsa

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Md. Saddam S/O Late Kamruuddin R/O Village- Kantho Tolwa, Ward No. 10, Ps. Bakhtiyarpur, Op. Belwahat, Dist. Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 06-12-2023

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Heard the learned counsel for the petitioner and

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learned APP for the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioners seek bail in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No. 120 of 2023 registered for the offence under Sections 147, 148, 149, 341, 341, 323, 324, 379, 307, 302, 504 and 506 of the Indian Penal Code.

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Patna High Court CR. MISC. No.65089 of 2023(3) dt.06-12-2023 2/3

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As per the prosecution case, one Md. Tajmul was assaulted by Md. Alim with a Kulhari, Saddam with a hard blunt substance on the head of Md. Tajmul and the informant was also assaulted by Md. Atabul, Md. Jasim was assaulted by Md. Sartal @ Md. Cheddi.

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The petitioners Nos. 1 and 5 are the assailants of the deceased and the post-mortem report supports the allegations.

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In view of the above, petitioner Nos. 1 and 5 do not deserve bail.

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Accordingly, the bail application on behalf of the petitioner Nos. 1 and 5 is dismissed .

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So far as petitioner Nos. 2, 3 and 4 are concerned, it has been submitted by the learned counsel for the petitioner that they are not the assailants of the deceased and they are in custody for a period of more than six months.

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Considering the fact that the petitioner Nos. 2, 3 and 4 are not the assailants of the deceased, this application for regular bail is allowed with regard to petitioner Nos. 2, 3 and 4.

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Let the petitioner Nos. 2, 3 and 4 be released on bail after framing of charge if the charge has not been framed yet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

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Patna High Court CR. MISC. No.65089 of 2023(3) dt.06-12-2023 3/3

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two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No. 120 of 2023.

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With the aforesaid directions, this application stands partly allowed.

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(Sandeep Kumar, J)

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Vikas/-

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U T

MD Alam @ MD Alim v. the State of Bihar

Case brief

What is this about?

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MD Alam @ MD Alim v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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