Dismissed¶18

Md Qamruddin @ Makra @ Md. Kamruddin v. The State of Bihar

Patna HC21 Sept 2024CR. MISC./31260/2024

Case brief

AI extract

What is this about?

Anticipatory bail refused/dismissed; Patna High Court Cr. Misc. No.31260 of 2024; Kanti PS Case No.769 of 2023 dt.01.10.2023, Muzaffarpur; IPC Sections 341/342/323/307/379/427/504/506/34; alleged occurrence 30.09.2023 - gate broken open, assault with lathi/danda, firing in air, Rs. 60,000 taken from box; refusal grounds: specific firing allegation, two empty cartridges at scene, three criminal antecedents; single judge Anil Kumar Sinha; decision date 21-09-2024.

What did the court decide?

Taking into account the specific allegation of firing against the petitioner, recovery of two empty cartridges at the place of occurrence, and the petitioner's three criminal antecedents, the court declined to grant the privilege of anticipatory bail. ¶17

Md Qamruddin @ Makra @ Md. Kamruddin Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶18

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Md Qamruddin @ Makra @ Md. Kamruddin) in connection with Kanti Police Station Case No. 769 of 2023, dated 01.10.2023, involving offences under Sections 341/342/323/307/379/427/504/506/34 of the Indian Penal Code.

¶12

Court's answer

¶17

Ratio / Principle

Grounds relied upon for refusing anticipatory bail: a specific allegation of firing against the petitioner, finding of two empty cartridges at the place of occurrence, and the petitioner having three criminal antecedents.

¶17

Detailed headnote1 paragraphs

Application for anticipatory bail dismissed. Criminal Miscellaneous No.31260 of 2024, High Court of Judicature at Patna (oral order, Justice Anil Kumar Sinha, 21-09-2024), arising out of Kanti Police Station Case No. 769 of 2023, dated 01.10.2023, Thana Kanti, District Muzaffarpur, disclosing offences under Sections 341/342/323/307/379/427/504/506/34 of the Indian Penal Code. FIR alleges a 30.09.2023 occurrence in which the petitioner, with other co-accused persons, came to the informant's house and broke open the gate, thereafter abusing and assaulting the informant and her husband by means of lathi, danda, etc.; the FIR also alleges that the petitioner fired in the air and that Rs. 60,000/- kept in a box was taken by the petitioner and other accused persons. Anticipatory bail was refused on three considerations expressly stated by the court: a specific allegation of firing against the petitioner, finding of two empty cartridges at the place of occurrence, and the petitioner having three criminal antecedents. Petitioner-side submissions (false implication over money dispute; simple injuries; petitioner also assaulted during the occurrence) were counsel's arguments, not findings of this court.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31260 of 2024

¶2

Arising Out of PS. Case No.-769 Year-2023 Thana- KANTI District- Muzaffarpur

¶3

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

¶4

Md Qamruddin @ Makra @ Md. Kamruddin son of Rasul Miaya Resident of Vill.- Sherna Basatpur, P.S.- Kanti, Dist.- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Kalyan Shankar ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶11

3 21-09-2024 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶12

2. This application, for grant of anticipatory bail, arises out of Kanti Police Station Case No. 769 of 2023, dated 01.10.2023, disclosing offences under Sections 341/342/323/307/379/427/504/506/34 of the Indian Penal Code.

¶13

3. The prosecution case, as per the First Information Report, is that on 30.09.2023, the petitioner, along with other coaccused persons, came to the house of the informant and broke open the gate. Thereafter, they abused and assaulted the informant and her husband by means of lathi, danda, etc. It has further been alleged that the petitioner fired in the air and he along with other accused persons took Rs.

¶14

Patna High Court CR. MISC. No.31260 of 2024(3) dt.21-09-2024 2/2

¶15

60,000,/- kept in a box.

¶16

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of concocted story due to money dispute and both the parties are neighbours. He next submits that injuries sustained by the informant’s husband is simple in nature and during the occurrence the petitioner has also been assaulted by the informant’s side.

¶17

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that there is specific allegation of firing against the petitioner, two empty cartridges have been found at the place of occurrence and the petitioner have three criminal antecedents, I am not inclined to grant the petitioner privilege of anticipatory bail.

¶18

6. This application is, accordingly, dismissed.

¶19

(Anil Kumar Sinha, J)

¶20

ashwani/-

¶21

U T

Md Qamruddin @ Makra @ Md. Kamruddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md Qamruddin @ Makra @ Md. Kamruddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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