Allowed

Md. Mohsenul Islam @ Bhim @ Mohsenul Islam @ Mohsulu Imam @ Bhim v. The State of Bihar

Patna HC3 Oct 2024CR. MISC./70248/2024

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner, accused under various IPC sections for assault and attempted murder, subject to furnishing bonds and undertaking conditions regarding trial attendance and non-interference with witnesses.

What did the court decide?

Petitioner released on bail with bonds of Rs. 10,000 and two sureties of like amount, subject to conditions of trial attendance and non-interference.

Md. Mohsenul Islam @ Bhim @ Mohsenul Islam @… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70248 of 2024

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Arising Out of PS. Case No.-352 Year-2024 Thana- SAHARSA SADAR District- Saharsa

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

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Md. Mohsenul Islam @ Bhim @ Mohsenul Islam @ Mohsulu Imam @ Bhim Son of Md. Saleem @ Muslim @ Darogi Resident of Village Patuaha Bherdhari Ward No 24, P.S.- Saharsa, Distt.- Saharasa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha For the Opposite Party/s : Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 03-10-2024 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

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This is an application for grant of bail to the petitioner, who is in custody in connection with Saharsa Sadar P.S. Case No. 352 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 325, 34 of the Indian Penal Code.

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Allegedly while the informant was going for walk, in the meantime, all the FIR named accused persons, including the petitioner, armed with weapons surrounded him and started assaulting. It is specifically alleged that co-accused Md. Muslim @ Darogi assaulted the informant by means of farsa blow due to which he sustained serious injury over his head; while the

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Patna High Court CR. MISC. No.70248 of 2024(2) dt.03-10-2024 2/3

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brother of the informant came to his rescue, co-accused Md. Raees assaulted him by means of rod due to which he sustained injury over his left jaw. It is also alleged that all the accused persons entered into the house of the informant and started pelting bricks and stones.

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Learned Advocate for the petitioner contended that there is general and omnibus nature of allegation against all the FIR named accused persons. So far as the allegation of assault over the informant and his brother is concerned, the same is attributed to co-accused Md. Muslim @ Darogi and Md. Raees. All the injuries are simple in nature, except one which has been caused to the brother of the informant by co-accused Md. Raees. There is counter version of the present case being Saharsa Sadar P.S. Case No. 366 of 2024 instituted by the father of the petitioner. Moreover, the petitioner is in custody since 27.07.2024 having fair antecedent.

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On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has actively participated in the crime.

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Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fair antecedent and the investigation

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Patna High Court CR. MISC. No.70248 of 2024(2) dt.03-10-2024 3/3

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being complete, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 352 of 2024, subject to the condition that one of the bailors shall be the own/close family members of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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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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Anjani/-

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U T

Md. Mohsenul Islam @ Bhim @ Mohsenul Islam @ Mohsulu Imam @ Bhim v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Mohsenul Islam @ Bhim @ Mohsenul Islam @ Mohsulu Imam @ Bhim v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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