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Sonu Ansari v. The State of Bihar

Patna HC16 Apr 2024CR. MISC./10544/2024

Case brief

AI extract

What is this about?

Regular bail; Patna High Court; CRIMINAL MISCELLANEOUS No.10544 of 2024; decision dated 16-04-2024; Dr. Anshuman, J.; Dumraon P.S. Case No.294 of 2023; Thana Dumrao; District Buxar; IPC Sections 147, 148, 149, 324, 307, 302; Section 437(3) Cr.P.C.; bail only after framing of charge; bail bond Rs.30,000/- with two sureties; J.M. 1st Class Court No.2, Buxar; Sonu Ansari; Azad Ansari @ Md. Azad; co-accused Md. Zafar and Imamuddin; garasa attack; custody since 19.07.2023; APP Md. Fahimuddin; counsel Setu Prateek.

What did the court decide?

Regular bail granted to both petitioners in Dumraon P.S. Case No.294 of 2023, only after framing of charge (if not framed), on bail bonds of Rs.30,000/- each with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class Court No.2, Buxar, subject to conditions under Section 437(3) Cr.P.C.

Sonu Ansari Vs The State of Bihar — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, accused in Dumraon P.S. Case No.294 of 2023 lodged under Sections 147, 148, 149, 324, 307 and 302 IPC, are entitled to regular bail.

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Court's answer

Both petitioners were granted bail in connection with Dumraon P.S. Case No.294 of 2023, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class Court No.2, Buxar.

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Ratio / Principle

The grant of bail is conditional: the petitioners may take benefit of bail only after framing of charge, if charge has not already been framed.

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Key takeaways

The release is made subject to the conditions laid down under Section 437(3) of Cr.P.C.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), by oral order dated 16-04-2024 in Cr. Misc. No.10544 of 2024, granted regular bail to Sonu Ansari and Azad Ansari @ Md. Azad in connection with Dumraon P.S. Case No.294 of 2023 (Sections 147, 148, 149, 324, 307 and 302 IPC). The FIR named six accused persons including the petitioners, but the specific allegation that the deceased was attacked with a garasa causing death was against co-accused Md. Zafar and Imamuddin; counsel submitted nothing specific was alleged against the petitioners beyond membership of the mob, and that they were in custody since 19.07.2023 with clean antecedents. Bail was ordered only after framing of charge (if not framed), on a bail bond of Rs.30,000/- each with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class Court No.2, Buxar, subject to the conditions laid down under Section 437(3) Cr.P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10544 of 2024

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Arising Out of PS. Case No.-294 Year-2023 Thana- DUMRAO District- Buxar

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

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Sonu Ansari Son of Kamaluddin @ Kamaluddin Ansari Resident of VillageDevi Mishra Ki Gali, Ward N. 26, P.S.- Dumraon, District- Buxar

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Azad Ansari @ Md. Azad Son of Kamaluddin @ Kamaluddin Ansari Resident of Village- Devi Mishra Ki Gali, Ward N. 26, P.S.- Dumraon, District- Buxar

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Setu Prateek, Adv. For the Opposite Party/s : Mr.Md. Fahimuddin, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 16-04-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners seek regular bail in connection with

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Dumraon P.S. Case No.294 of 2023 lodged under Sections 147, 148, 149, 324, 307 and 302 of the I.P.C.

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As per the prosecution case, the F.I.R. has been lodged against the six named accused persons including the petitioners, but the specific allegation against the accused namely, Md. Zafar and Imamuddin against whom there is allegation that they have attacked by garasa on the deceased due to which he died.

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Learned counsel for the petitioners submits that the

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Patna High Court CR. MISC. No.10544 of 2024(3) dt.16-04-2024 2/2

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petitioners are innocent and have committed no offence. He submits that there is nothing specific against the petitioners save and except, they are member of mob.

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Counsel for the petitioners submits that the petitioners are in custody since 19.07.2023 having clean antecedent.

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Learned counsel for the State opposes the prayer

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for bail.

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In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, but only after framing of charge, if not framed , on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class Court No.2, Buxar in connection with Dumraon P.S. Case No.294 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

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(Dr. Anshuman, J.)

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Prakashmani/-

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U T

Sonu Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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