Disposed

Dabir @ Md. Dabir Alam v. The State of Bihar

Patna HC18 Dec 2024CR. MISC./67346/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by two accused in a case of alleged crop damage and assault with a farsa arising from a land dispute. Noting superficial injuries, clean antecedents and possibility of false implication, the court granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail: release on furnishing Rs.10,000 bail bond each with two sureties on arrest or surrender within eight weeks, subject to conditions incl. Section 438(2) CrPC.

Dabir @ Md. Dabir Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67346 of 2024

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Arising Out of PS. Case No.-38 Year-2024 Thana- JOKIHAT District- Araria

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

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Dabir @ Md. Dabir Alam Son of Md. Saheed @ Late Saied VillageMalharia W.No-4, Ps- Jokihat Dist- Araria

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Rahbar @ Rahbar Alam Son of Soeb Village- Malharia W.No-4, Ps- Jokihat Dist- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Tarun Kumar Shekhar, Adv. For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 18-12-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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In the present case, the petitioners are apprehending their arrest in connection with Jokihat (Mahalgaon) P.S. Case No. 38 of 2024 registered for the alleged offences under Section 341, 323, 307, 379, 147, 149, 354(Kh) of the Indian Penal Code.

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As per prosecution case, the petitioners and other co-accused persons who were variously armed started damaging the crop of the informant. On the saying of petitioner no. 1, petitioner no. 2 gave a farsa blow to the son of the informant causing serious injury to him.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

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Patna High Court CR. MISC. No.67346 of 2024(3) dt.18-12-2024 2/3

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case as dispute is admitted in the FIR itself. Merely a scuffle took place and the allegations have been concocted to falsely implicate the petitioners and other co-accused persons. There is case and counter case between the parties and the petitioner side has lodged Jokihat P.S. Case No. 48 of 2024 for the same occurrence. Learned counsel further submits that the injury report of the son of the informant shows one incised wound of 3cm x 1/4cm x skin deep on parietal region apart from whole body pain and this shows superficial injury. This also falsified the allegation of assault of farsa which is a heavy and sharp cutting weapon. The petitioners are having clean antecedents.

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Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners. Learned A.P.P. submits that there is specific allegation against petitioner no. 1who gave orders and petitioner no. 2 assaulted the son of the informant with farsa .

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioners, superficial nature of injuries of the son of the informant and further considering the background of land dispute and possibility of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be

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Patna High Court CR. MISC. No.67346 of 2024(3) dt.18-12-2024 3/3

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released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 38 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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anuradha/-

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U T

Dabir @ Md. Dabir Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dabir @ Md. Dabir Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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