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Md Aftab Alam @ Pappu v. The State of Bihar

Patna HC3 Apr 2024CR. MISC./19858/2024

Case brief

AI extract

What is this about?

Keywords: regular bail; renewal of bail prayer; bail rejected twice; last rejection order dated 19.5.2023; Cr. Misc. no. 22149 of 2023; custody since 24.1.2023; more than one year in custody; Rupauli/Rupouli P.S. Case no. 65 of 2019; District Purnia/Purnea; Thana RUPAULI; sections 307, 147, 148, 149, 341, 323, 324, 325, 354, 448 IPC; Indian Penal Code; farsa assault on head; grievous injury on vital part; Mithilesh Sah / Mithlesh Sah; 21 named accused; bail bond Rs. 10,000; two sureties of like amount; Chief Judicial Magistrate Purnea; Patna High Court; CR. MISC. No.19858 of 2024; dt.03-04-2024; Justice Partha Sarthy.

What did the court decide?

Enlargement of the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

Md Aftab Alam @ Pappu Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

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Issue for consideration

Whether the petitioner's renewed prayer for regular bail in connection with Rupouli P.S. Case no. 65 of 2019 should be granted, given two earlier rejections and custody exceeding one year. +1 more

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Court's answer

The petitioner is directed to be enlarged on regular bail in connection with Rupouli P.S. Case no. 65 of 2019 on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

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Ratio / Principle

The grant of bail took into consideration the allegations against the petitioner in the F.I.R., the observations in the last rejection order dated 19.5.2023, and the fact that the petitioner had remained in custody for more than one year since 24.1.2023.

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Detailed headnote1 paragraphs

Regular bail granted on renewal — Patna High Court, Criminal Miscellaneous No.19858 of 2024, decided 03-04-2024 (Oral Order), Partha Sarthy, J. Petitioner Md Aftab Alam @ Pappu, one of 21 named accused in Rupauli (Rupouli) P.S. Case No. 65 of 2019, District Purnia/Purnea, registered under Sections 307, 147, 148, 149, 341, 323, 324, 325, 354 and 448 IPC for an alleged _farsa_ assault on the head of Mithilesh Sah (also spelt Mithlesh Sah) resulting in grievous injury on a vital part of the body, was enlarged on bail after his two earlier bail prayers had been rejected (last rejection: order dated 19.5.2023 in Cr. Misc. no. 22149 of 2023, renewing permitted after one year in custody) and upon completing more than one year in custody since 24.1.2023. Conditions: bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Purnea. Application opposed by the APP and counsel for the informant on the strength of the direct grievous-injury allegation; the Court nevertheless granted bail weighing the FIR allegations, the prior rejection order and the prolonged custody.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19858 of 2024

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Arising Out of PS. Case No.-65 Year-2019 Thana- RUPAULI District- Purnia

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

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Md Aftab Alam @ Pappu Son of Md. Kifayat Alam @ Md. Kaifayat @ Md. Kifayatullah Resident of Vill.-Chapahari, P.S.-Rupouli, Distt.-Purnea

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivnandan Bharti, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP For the Informant : Mr. Indrajeet Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 03-04-2024

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Heard learned counsel for the petitioner, learned

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APP for the State and learned counsel for the informant.

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The petitioner has renewed his prayer for grant of

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regular bail in connection with Rupouli P.S. Case no. 65 of 2019 registered under sections 307, 147, 148, 149, 341, 323, 324, 325, 354 and 448 of the Indian Penal Code.

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As per the prosecution case, 21 named accused persons including the petitioner herein are said to have come variously armed. The petitioner is said to have assaulted Mithilesh Sah with a farsa on his head.

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Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected twice, the last being vide order dated 19.5.2023 passed in Cr. Misc. no. 22149 of 2023, giving liberty to the petitioner to renew his

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Patna High Court CR. MISC. No.19858 of 2024(3) dt.03-04-2024 2/2

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prayer for bail after completing one year in custody. The petitioner has remained in custody for more than 1 year since 24.1.2023.

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The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against this petitioner of having assaulted with a farsa on the head of one Mithlesh Sah. The injury on vital part of the body has been found to be grievous in nature.

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Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the observation given in the last order of rejection dated 19.5.2023 and the petitioner having remained in custody for more than one year since 24.1.2023, the petitioner is directed to be enlarged on bail in connection with Rupouli P.S. Case no. 65 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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(Partha Sarthy, J)

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Harsh/-

Md Aftab Alam @ Pappu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md Aftab Alam @ Pappu 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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