Allowed

Sonu Alam @ Sabbir Hassan v. the State of Bihar

Patna HC28 Aug 2024CR. MISC./54240/2024

Case brief

AI extract

What is this about?

The Patna High Court granted pre-arrest bail to ten petitioners accused in an affray case under various sections of the IPC. The court held that since the allegations were general and omnibus, the petitioners deserved release on bail subject to furnishing a bond and the condition that they are not involved in other pending cases.

What did the court decide?

Petitioners directed to be released on pre-arrest bail on furnishing a bail bond of Rs. 10,000 each with two sureties of the like amount, subject to the condition of not being involved in any other ca

Sonu Alam @ Sabbir Hassan Vs the State of Bihar — Bail and Remand | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54240 of 2024

¶2

Arising Out of PS. Case No.-141 Year-2023 Thana- NIMCHAKBATHANI District- Gaya

¶3

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

¶4

SONU ALAM @ SABBIR HASSAN S/O SAFIQUE ALAM R/O VILLAGE- MAI, P.S- NEEMCHAK BATHANI, DISTT.- GAYA.

¶5

BABLU ANSARI @ ZEYAUDDIN ANSARI @ ZEYAUDDIN MIYA S/O ALAUDDIN ANSARI R/O VILLAGE- MAI, P.S- NEEMCHAK BATHANI, DISTT.- GAYA.

¶6

ARIF ANSARI S/O MUNNA ANSARI R/O VILLAGE- MAI, P.SNEEMCHAK BATHANI, DISTT.- GAYA.

¶7

LAMBU ANSARI @ TALIB ANSARI S/O MUNNA ANSARI @ MOKHTAR ANSARI R/O VILLAGE- MAI, P.S- NEEMCHAK BATHANI, DISTT.- GAYA.

¶8

KHALID ANSARI S/O MUNNA ANSARI R/O VILLAGE- MAI, P.SNEEMCHAK BATHANI, DISTT.- GAYA.

¶9

MAZ KHAN @ MAAZ KHAN @ MARGHOAB ZAMAN S/O MUNNA KHAN @ AFTABUL KHAN R/O VILLAGE- MAI, P.S- NEEMCHAK BATHANI, DISTT.- GAYA.

¶10

SAAZ KHAN @ MUNNA KHAN @ NEYAZ ZAMA S/O AFTABUL ZAMA R/O VILLAGE- MAI, P.S- NEEMCHAK BATHANI, DISTT.GAYA.

¶11

ILYAS KHAN @ MD. ILYAS KHAN S/O ZAFRU KHAN R/O VILLAGEMAI, P.S- NEEMCHAK BATHANI, DISTT.- GAYA.

¶12

MOKHTAR KHAN S/O AFSIL KHAN R/O VILLAGE- MAI, P.SNEEMCHAK BATHANI, DISTT.- GAYA.

¶13

MUKHIYA KHAN @ FURKAN KHAN S/O MOKHTAR KHAN R/O VILLAGE- MAI, P.S- NEEMCHAK BATHANI, DISTT.- GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar, Advocate. For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶18

2 28-08-2024 Heard Mr. Praveen Kumar, learned counsel appearing

¶19

on behalf of the petitioners and Mr. Brajendra Nath Pandey, learned APP for the State.

¶20

Patna High Court CR. MISC. No.54240 of 2024(2) dt.28-08-2024 2/3

¶21

The petitioners seek pre-arrest bail in connection with Neemchak Bathani P.S. Case No. 141 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 341, 504, 506, 337, 338, 324 and 307 of the Indian Penal Code.

¶22

As per the allegation made in the F.I.R., two communities went on ruckus while a julus was carried by one community.

¶23

Learned counsel appearing on behalf of the petitioners submitted that allegation levelled against the petitioners is general and omnibus. However, two communities were carried by their religious belief which led to affray causing injury to each other. In absence of any specific allegation against the petitioners and the allegation being general and omnibus, the petitioners deserve to be released on bail.

¶24

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

¶25

Considering the rival submissions made on behalf of the parties and the nature of allegation against the petitioners to be general and omnibus, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/-

¶26

Patna High Court CR. MISC. No.54240 of 2024(2) dt.28-08-2024 3/3

¶27

(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Gaya in connection with Neemchak Bathani P.S. Case No. 141 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

¶28

The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

¶29

The bail application stands disposed of.

¶30

(Purnendu Singh, J)

¶31

mantreshwar/-

¶32

U T

Sonu Alam @ Sabbir Hassan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Alam @ Sabbir Hassan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Devanti Devi @ Dewanti Devi Vs The State of Bihar

Devendra Kumar Vs The State Of Bihar and Ors.

Salma Tarannum Vs The State Of Bihar and Ors.

Rajendra Prasad Gond @ Rajendra Prasad @ Raghvendra Prasad Gond Vs The State of Bihar

Ranjan Kumar Vs The State of Bihar

Fulo Sada Vs The State Of Bihar