Patna High Court
Md. Ibrahim @ Ibrahim vs The State Of Bihar on 20 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1930 of 2020
Arising Out of PS. Case No.-48 Year-2020 Thana- THAKURGANJ District- Kishanganj
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MD IBRAHIM @ IBRAHIM Son of Late Mahbbat Hussain Resident of
Sakin syalal Bhitta, P.S. - Thakurganj, District - Kishanganj.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Raj Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 20-02-2021
Heard learned counsel for the appellant and the
learned Special PP for the State.
The appellant has preferred the present Appeal under
Section 14 - A (2) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order
dated 12.08.2020 passed by Additional Sessions Judge I -cum-
Special Judge, Kishanganj in a case registered under Sections
147, 148, 149, 302, 307, 324, 326 of Indian Penal Code and
Sections 3 (2) (v) {(1 (s)}of SC/ST Act in connection with
Thakurganj Police Station (for brevity, PS) Case No 48 of
2020.
A quarrel between the female members of two
families appears to be the background in which the alleged
occurrence took place. It is alleged that the co-accused Lal
Patna High Court CR. APP (SJ) No.1930 of 2020 dt.20-02-2021
Bahadur, appellant and other persons named in the First
Information Report (for brevity, FIR) had become violent and
they were using abusive language against the informant's
husband and other family members. There is specific
allegation against co-accused Lal Bahadur of having assaulted
the informant's husband with a dagger in his abdomen leading
to grievous injuries to which he subsequently succumbed.
Learned counsel appearing on behalf of the appellant
submits that there is no specific overt act alleged against the
appellant.
In my opinion, in view of nature of accusation in the
FIR, a case for grant of regular bail is made out. The impugned
order dated 12.08.2020 requires interference by this Court,
which is, accordingly, set aside.
Learned Special PP for the State has opposed the
prayer for bail.
Considering the rival submissions, this appeal is
allowed. The impugned order dated 12.08.2020 passed by
Additional Sessions Judge I -cum- Special Judge, Kishanganj
in connection with Thakurganj PS Case No 48 of 2020 is set
aside.
Let the appellant above named be released on bail on
his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Additional Sessions Judge I -cum- Special Judge, Kishanganj
in Thakurganj Police Station Case No 48 of 2020 subject to the
following conditions:
(1) That one of the bailors will be a close relative of
the appellants who will give an affidavit giving genealogy as to
how he is related with the appellant. The bailor will also
Patna High Court CR. APP (SJ) No.1930 of 2020 dt.20-02-2021
undertake to inform the Court if there is any change in the
address of the appellant.
(2) That the appellant will be well represented on
each date and if he fails to do so on two consecutive dates, his
bail will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.02.2021
Transmission Date 22.02.2021
