Allowed¶7

Azad Ali v. The State of Bihar

Patna HC3 Apr 2024CR. MISC./5272/2024

Case brief

AI extract

What is this about?

Regular bail granted by Patna High Court (Chandra Prakash Singh, J.) on 03.04.2024 in Cr. Misc. No. 5272 of 2024 (Azad Ali v. State of Bihar), Sessions Trial No. 372 of 2023, G.B. Nagar P.S. Case No. 55 of 2023, District Siwan. Offences u/ss 147, 149, 341, 323, 307, 302, 504, 506 IPC; alleged lathi-and-bamboo assault over cutting of informant's bamboo, informant's brother died during treatment. Points useful for search: omnibus/general allegation against bail applicant; parity with co-accused already bailed in Cr. Misc. No. 40716 of 2023 (order dated 19.07.2023); clean antecedents; custody since 10.03.2023; bail-bond of Rs. 20,000 with two like sureties.

What did the court decide?

Regular bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Siwan.

Azad Ali Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Siwan.

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Issue for consideration

Whether the petitioner Azad Ali is entitled to be released on regular bail in Sessions Trial No. 372 of 2023 arising out of G.B. Nagar P.S. Case No. 55 of 2023 registered for the offences punishable u/ss 147, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Siwan, in connection with Sessions Trial No. 372 of 2023 arising out of G.B. Nagar P.S. Case No. 55 of 2023; the application stands allowed.

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Detailed headnote1 paragraphs

Azad Ali v. The State of Bihar — Patna High Court, Criminal Miscellaneous No. 5272 of 2024 (Chandra Prakash Singh, J.), order dated 03.04.2024. Regular bail sought in Sessions Trial No. 372 of 2023 arising out of G.B. Nagar P.S. Case No. 55 of 2023 dated 22.02.2023, for offences punishable u/ss 147, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code. Prosecution case: the petitioner and co-accused were cutting the informant's bamboo; when the family protested, the accused abused and assaulted them severely with lathi and bamboo causing injury, and the informant's brother died during the course of treatment. Defence: false implication, general and omnibus allegation, clean antecedents, parity with a similarly situated co-accused already granted bail vide order dated 19.07.2023 in Cr. Misc. No. 40716 of 2023, and custody since 10.03.2023. Held: considering the facts, circumstances and period of custody, the petitioner was enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5272 of 2024

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Arising Out of PS. Case No.-55 Year-2023 Thana- GAUTAMBUDHNAGAR District- Siwan

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

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Azad Ali S/O KUDRUSH MIAN VILLAGE- SANGRAMPUR, PS. G.B. NAGAR, DIST. SIWAN

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raghwendra Singh, Adv. For the Opposite Party/s : Mr.Rajendra Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 03-04-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in Sessions Trial No. 372 of 2023 arising out of G.B. Nagar P.S. Case No. 55 of 2023 dated 22.02.2023 registered for the offences punishable u/ss 147, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

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3 . As per the prosecution case, the petitioner and the co-accused person were cutting the bamboo of the informant. When the family members of the informant protested, all the accused persons started abusing and assaulting them severely with lathi and bamboo causing injury and during the course of treatment the informant's brother died.

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Patna High Court CR. MISC. No.5272 of 2024(4) dt.03-04-2024 2/2

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Similarly situated co-accused has already been granted bail by this court vide order dated 19.07.2023 passed in Cr. Misc. No. 40716 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.03.2023.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6 . Considering the aforesaid facts and circumstances of the case, as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Sessions Trial No. 372 of 2023 arising out of G.B. Nagar P.S. Case No. 55 of 2023.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Azad Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Azad Ali 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

Cases cited

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