Disposed

Md. Gulab @ Hafizur v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./62385/2024

Case brief

AI extract

What is this about?

Regular bail sought in an FIR case involving assault with a dagger during an attempt to force withdrawal of an earlier case. Court found no overt act attributed to the petitioner beyond membership of the mob and granted bail with conditions.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs.10,000 with two like sureties to ACJM 6th Darbhanga, one bailor a close relative, with conditions of trial cooperation and attendance.

Md. Gulab @ Hafizur Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62385 of 2024

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Arising Out of PS. Case No.-23 Year-2024 Thana- Bajitpur District- Darbhanga

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

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Md. Gulab @ Hafizur S/o- Late Md. Mojibul, R/o Village - Belahi P. S. - Wajitpur Dist. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Singh, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai, APP For the Informant : Mr. Baidnath Prasad, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 04-09-2024

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Heard learned counsel for the petitioner, learned

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Additional Public Prosecutor for the State and learned counsel for the informant.

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The petitioner seeks regular bail, who is in custody in connection with Wajitpur P.S. Case No. 23 of 2024 registered for the offences punishable under Sections 341, 323, 324, 308, 354, 379 and 504/34 of the Indian Penal Code.

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Based upon the fardbeyan of the informant, the prosecution alleges that while the informant along with her family members were in their house, in the meantime, all the FIR named accused persons, including the petitioner came there and threatened her to withdraw earlier case instituted against them. When the informant protested for the same, on the

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Patna High Court CR. MISC. No.62385 of 2024(2) dt.04-09-2024 2/3

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exhortation made by co-accused Md. Soaib, co-accused Sonu assaulted the informant by means of dagger over her head due to which she sustained serious injury.

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Learned counsel for the petitioner, referring to the FIR, contended that save and except, the petitioner being a member of the mob, there is no allegation of any overt act. So far the specific allegation of causing dagger blow is concerned, the same has been attributed to co-accused Sonu. It is further contended that there is land dispute pending between the parties, which resulted into institution of the cases from both the sides. Be that as it may, now the petitioner is in custody since 08.07.2024. He undertakes that he would not indulge in such kind of crime in future.

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On the other hand, learned counsel for the State and learned counsel for the informant vehemently opposed the bail application and submitted that there is specific allegation against the petitioner along with other co-accused persons that they were indulged in threatening the informant for withdrawal of earlier case instituted by her against them. The petitioner had actively participated in the crime in which the informant sustained injury, which is dangerous to her life. The petitioner bears two criminal antecedent, which also speak loud about his complicity in the present crime.

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Regard being had to the submissions made on

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Patna High Court CR. MISC. No.62385 of 2024(2) dt.04-09-2024 3/3

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behalf of the parties and considering the fact that specific allegation of causing dagger blow has been levelled against co-accused and the petitioner is only said to be a member of mob, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 6^th , Darbhanga in connection with Wajitpur P.S. Case No. 23 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of

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the trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(Harish Kumar, J)

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rohit/-

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U T

Md. Gulab @ Hafizur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Gulab @ Hafizur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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