Allowed¶14

Irfan Ali v. The State of Bihar

Patna HC10 May 2024CR. MISC./8308/2024

Case brief

AI extract

What is this about?

Irfan Ali; The State of Bihar; Patna High Court; CRIMINAL MISCELLANEOUS No.8308 of 2024; order dated 10-05-2024; Dr. Anshuman, J.; regular bail; Sessions Trial No. 823 of 2023; Manjhagarh P.S. Case No. 137 of 2023; Gopalganj; charge framed 19.12.2023; earlier bail rejected 19.10.2023 Cr. Misc. No. 68443 of 2023; Sections 147 148 149 341 323 324 325 307 302 120(B) 504 506 34 I.P.C.; Section 437(3) Cr.P.C.; bail bonds Rs. 30,000/- with two sureties; Additional District Judge XIIth Gopalganj; bail conditions; application allowed.

What did the court decide?

Regular bail granted on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each, to the satisfaction of learned Additional District Judge XIIth, Gopalganj, subject to Section 437(3) Cr.P.C. conditions and additional court-imposed conditions.

Irfan Ali Vs The State of Bihar — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted regular bail in connection with Sessions Trial No. 823 of 2023 arising out of Manjhagarh P.S. Case No. 137 of 2023.

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Court's answer

No purpose shall be solved keeping the accused in custody, particularly when charge has been framed.

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Ratio / Principle

Petitioner granted bail on furnishing bail bonds of Rs. 30,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge XIIth, Gopalganj in connection with Sessions Trial No. 823 of 2023.

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Key takeaways

Bail granted subject to the conditions laid down under Section 437(3) Cr.P.C. and further conditions: one bailor to be a family member providing official document of bona fide; appearance before the Trial Court on each and every date (failure on two consecutive dates without plausible reason entails cancellation of bail bonds); appearance before the concerned police station monthly for one year to mark attendance; no inducement, promise or threat to witnesses or tampering with evidence; and desisting from committing any criminal offence again, failing which the State may take steps for cancellation of bail bonds.ratio¶14

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 8308 of 2024 (order dt. 10-05-2024), Dr. Anshuman, J. Regular bail granted to Irfan Ali in Sessions Trial No. 823 of 2023 arising out of Manjhagarh P.S. Case No. 137 of 2023 (dated 04.05.2023), District Gopalganj, lodged under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 120(B), 504, 506 and 34 of the I.P.C. His earlier bail application had been rejected vide order dated 19.10.2023 in Cr. Misc. No. 68443 of 2023, with liberty to renew the prayer for bail after framing of charge; the charge was framed on 19.12.2023. Finding that no purpose shall be solved keeping the accused in custody, particularly when charge has been framed, the Court granted bail on bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each, to the satisfaction of learned Additional District Judge XIIth, Gopalganj, subject to Section 437(3) Cr.P.C. conditions and additional conditions: a family-member bailor providing official bona fide document; attendance on every trial date (failure on two consecutive dates without plausible reason entails cancellation); monthly police-station attendance for one year; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from criminal offences, failing which the State may seek cancellation of the bail bonds. Bail application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8308 of 2024

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Arising Out of PS. Case No.-137 Year-2023 Thana- MANJHAGARH District- Gopalganj

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

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Irfan Ali S/O Shaukat Ali Village- Bhawaniganj, Ps. Manjhagarh, Dist. Gopalganj.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Ranjan, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 10-05-2024

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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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The petitioner seeks regular bail in connection with Sessions Trial No. 823 of 2023 arising out of Manjhagarh P.S. Case No. 137 of 2023 dated 04.05.2023, lodged under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 120(B), 504, 506 and 34 of the I.P.C.

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Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 19.10.2023 passed in Cr. Misc. No. 68443 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge. He submits that the charge has been framed in this case on 19.12.2023. He further submits that the progress report of the trial has also been called for on the previous occasion.

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Patna High Court CR. MISC. No.8308 of 2024(4) dt.10-05-2024 2/3

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Learned A.P.P. for the State opposes the prayer for bail and submits that it is true that the charge has been framed in this case.

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It transpires to this Court that no purpose shall be solved keeping the accused in custody, particularly, when charge has been framed, as such, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District JudgeXIIth, Gopalganj in connection with Sessions Trial No. 823 of 2023 arising out of Manjhagarh P.S. Case No. 137 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

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(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

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Patna High Court CR. MISC. No.8308 of 2024(4) dt.10-05-2024 3/3

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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With this observation, the bail application stands

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allowed.

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(Dr. Anshuman, J)

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sadique/-

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U T

Irfan Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Irfan 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

Statutes considered

Procedural history

Parties & counsel

Coram

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