IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24705 of 2011
1. Md. Abdullah @ Abdulla S/o Hazi Samed Ali
2. Md. Mojammil S/o Hazi Sazzad,
3. Md. Majed @ Majubur S/o Loqman,
All R/o Village- Bharat Kol, P.S. Pranpur,
District-Katihar.
--Petitioners
Versus
The State Of Bihar --Opp.Party
With
Criminal Miscellaneous No.24710 of 2011
1.Md. Abdullah @ Abdull S/o Hazi Samed Ali,
2. Mojammil S/o Hazi Sazzad,
3. Mojib @ Md. Mojibur S/o Loqman,
All R/o Village Bharat Kol, P.S. Pranpur,
District-Katihar.
--Petitioners
Versus
The State Of Bihar --Opp.party
For the Petitioners : Mr. Bam Bahadur Jha
(In Both cases)
For the State : Mr. Pramod Kr. Pandey,
APP
(In Cr. Misc. 24705/2011)
For the State : Mr. Umesh Lal Verma,
APP
(In Cr.Misc.24710/2011)
3 19.09.2011
Heard learned counsel for the
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Petitioners and learned Additional Public
Prosecutor for the State.
Since both these applications are
interlinked, taken together and being disposed of
by this composite order.
Petitioners are named in both the cases,
i.e. Paranpur P.S. Case no. 47 and 48, both of the
year 2011, with allegation that they were also
participating in a Panchayat being conducted for
demand of compensation to the heirs of the victim
in Manihari P.S. Case no. 32 of 2011 relating to an
accidental death of two labourers by a tractor
trailer and suddenly friend of owner of the
vehicle, informant of first case, was being
persuaded to bring Rupees five lacs for payment
to the victim. In that course he was mishandled
and on arrival of Police situation could be brought
under control but allegation of the informant in
subsequent case, that is Officer in charge of O.P.
concerned is that being member of Scheduled
Caste, he had to also face some mishandling and
abuse. Submission is that there is neither any
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injury report nor specific allegation attributed
against either of the three petitioners. Moreover,
subsequent case also appears squarely covered by
the decision of the Apex Court in the case of
Jorgia Pentiah Vrs. State of Andhra Pradesh;
reported in 2009(1) BCCR 153 (SC).
In the facts and circumstances, the
petitioners, in the event of arrest or surrender
within four weeks from today, are directed to be
enlarged on bail on furnishing bonds of Rs.
10,000/- (Rupees ten thousand) with two sureties
of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Katihar in Pranpur
P.S. Cases no. 47 and 48, both of the year 2011,
subject to the conditions laid down in Section 438
(2) of the Code of Criminal Procedure with
additional condition that the petitioners shall
remain present before the court below on each
and every date for one year or till disposal of the
case, whichever is earlier. If the petitioners fail to
remain present on two consecutive dates without
any reasonable explanation the privilege granted
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shall be deemed to be canceled.
( Akhilesh Chandra, J.)
AAhmad