Md. Jamil @ Jangla @ Jamil Vs The State of Bihar

The petitioner seeks bail in connection with Raniganj PS Case No. 274 of 2023, dated 02-07-2023, instituted for the offence punishable under Sections 147, 149, 302 and 120(B) of the IPC and Section 27 of the Arms Act.

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The prosecution case, in short, is that while the cow of Sirajuddin entered in the land of Wasique and when the son of Sirajuddin, namely, Safique, went to bring his cow, the petitioner and co-accused, namely, Wasique and Mainuddin, abused and assaulted the Safique by means of lathi and danda. Thereafter, Safique started running from there towards his house and the persons working in the field also started running behind Safique to know the cause, but seeing the crowd, the aforesaid

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Patna High Court CR. MISC. No.15057 of 2024(2) dt.13-03-2024 2/4

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accused persons, who were chasing Safique made firing in the air from their pistols and katta, due to which, out of fear the crowd started running away from there. It is further alleged that on the orders of the co-accused, namely, Arshad, all the accused persons proceeded by firing from their firearms. In the meantime, Md. Moim working in his field, hearing noise came on the road near graveyard, whereafter the petitioner and coaccused, namely, Wasique seeing Md. Moim in their way, fired on him with their pistol which hit no one and co-accused Wasique again fired with his pistol on Md. Moim, which hit on his neck, on account of which, he fell down. Thereafter, other persons who came to save him were also assaulted by other coaccused persons.

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Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. There is general and omnibus allegation against the petitioner in the first part of the FIR of assaulting one Safique, but there is no injury report of Safique who was assaulted by three persons by means of Lathi and Danda whereas, in the second part of the FIR, it is alleged that he fired in the air and there is specific allegation against one of the co-accused, namely, Wasique, who, allegedly fired from his firearm causing

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Patna High Court CR. MISC. No.15057 of 2024(2) dt.13-03-2024 3/4

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injury on the neck of Md. Moim. It is submitted that postmortem report of the deceased is annexed as Annexure-2 to the bail petition, which supports the allegation against coaccused, namely, Wasique, who fired on the neck of the deceased. The injury mentioned in the postmortem report reveals that one semicircular entry wound of size 1cm x 1cm on right anterolateral neck just above clavicle with inverted and charred margin. Apart from that there is no other injury on the body of the deceased. There is no allegation against the petitioner with regard to the said injury. No where in the FIR, the informant has stated that he was either accompanying the deceased or any of the so called injured. It is submitted that eight criminal cases are pending against the petitioner. The Petitioner is in custody since 27-07-2023.

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Learned APP has opposed the prayer for bail.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria, in Raniganj PS Case No. 274 of 2023, subject to the following condition:(i) that the petitioner shall co-operate in the trial and

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Patna High Court CR. MISC. No.15057 of 2024(2) dt.13-03-2024 4/4

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shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if them petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Khatim Reza, J)

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shyambihari/-

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U

Md. Jamil @ Jangla @ Jamil v. The State of Bihar

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Md. Jamil @ Jangla @ Jamil v. The State of Bihar

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