Jamal @ Md Jamal Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Jamal @ Md Jamal Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Araria, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Araria (Bairgachhi) P.S. Case No. 29 of 2024 registered under Sections 341, 323, 324, 307, 504, 506/34 IPC.

Court's answer

Anticipatory bail was warranted because both the parties are closely related, the petitioner is not the assailant, and the co-accused has already been granted anticipatory bail.

Ratio / Principle

The petitioner is to be released on anticipatory bail in the event of arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Criminal Miscellaneous No. 13640 of 2025, decided 25-02-2025) — Jamal @ Md Jamal apprehending arrest in Araria (Bairgachhi) P.S. Case No. 29 of 2024 (dated 20.05.2024; Sections 341, 323, 324, 307, 504, 506/34 IPC), wherein co-accused Kamrul allegedly stabbed the informant's brother Tabarak with a knife, the occurrence being alleged to have taken place with the petitioner's connivance — bail allowed as the parties are closely related, the petitioner is not the assailant, and a similarly situated co-accused and the petitioner's wife had already been granted anticipatory bail by this Court in Cr. Misc. No. 67684 of 2024 — petitioner to be released on arrest or surrender before the court below within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to conditions under Section 438(2) Cr.P.C. — Anil Kumar Sinha, J.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13640 of 2025

Arising Out of PS. Case No.-29 Year-2024 Thana- BAIRGACHHAI District- Araria

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

Jamal @ Md Jamal S/O Late Aiyub R/O Vill.- Koshkipur, P.S- Bairgachhi, Dist.-Araria

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Ziaul Quamar For the Opposite Party/s : Mr.Pushpa Sinha.1 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2 25-02-2025 1. Heard the parties.

The petitioner apprehends his arrest in connection with Araria (Bairgachhi) P.S. Case No. 29 of 2024 dated 20.05.2024 registered under Sections 341, 323, 324, 307, 504, 506 / 34 of the I.P.C.

As per the F.I.R. on 19.05.2024 at about 9:00 P.M. in the night when the informant’s elder brother- Tabarak, aged about 40 years, went at the construction site of his under construction house, the accused persons were already present there and the co-accused and informant’s another brother- Kamrul attacked at Tabarak with knife causing injury on his chest. It has further been alleged that the occurrence has taken place with the connivance of the petitioner and the co-accused -Afreen.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute

Patna High Court CR. MISC. No.13640 of 2025(2) dt.25-02-2025 2/2

among the brothers. The victim, informant and the co-accused, who attacked the another brother – Tabarak are own brothers. There is land dispute between the parties. The petitioner is not the assailant. There is specific allegation of stabbing upon the co-accused / Kamrul. Similarly situated co-accused person and wife of the petitioner has been granted anticipatory bail by this court in Cr. Misc. No. 67684 of 2024.

Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are closely related, the petitioner is not the assailant and the co-accused has been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 29 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J)

praful/- U T