High Court Patna High Court - Orders

Md. Abdullah @ Abdull & Ors. vs The State Of Bihar on 19 September, 2011

Patna High Court – Orders
Md. Abdullah @ Abdull & Ors. vs The State Of Bihar on 19 September, 2011
                 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