Patna High Court
Md. Ibrahim @ Ibrahim @ Ibrahim ... vs The State Of Bihar on 8 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37167 of 2020
Arising Out of PS Case No.-349 Year-2020 Thana- SITAMARHI District- Sitamarhi
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Md. Ibrahim @ Ibrahim @ Ibrahim Rain, Male, aged about 70 years, Son of
Late Idris Rain @ Dukha, Resident of Village- Mehsual, East, Ward No. 6,
PS- Sitamarhi, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. P K Shahi, Senior Advocate with
Mr. Pushpendra Kumar Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Shankar Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 08-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. P K Shahi, learned senior counsel along
with Mr. Pushpendra Kumar Singh, learned counsel for the
petitioner; Mr. Jharkhandi Upadhyay, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State and
Mr. Shankar Kumar, learned counsel for the informant.
3. The petitioner apprehends arrest in connection with
Sitamarhi PS Case No. 349 of 2020 dated 10.07.2020, instituted
under Sections 341, 323, 324, 307, 504 and 302/34 of the Indian
Penal Code.
4. The allegation against the petitioner is that he had
ordered the accused to kill, upon which, co-accused Md. Naushad
Patna High Court CR. MISC. No.37167 of 2020 dt.08-07-2021
had assaulted the informant on the head by farsa and co-accused
Md. Saddam assaulted by bhala and Md. Naushad had also
assaulted Md. Chand by iron rod on the head and other accused
had also assaulted other relatives of the informant, and to which
Md. Chand died.
5. Learned counsel for the petitioner submitted that
though there the only allegation against the petitioner is that he
had ordered to kill the informant, but no overt act has been
attributed to him, as the same is against co-accused Md. Naushad,
Md. Saddam, Md. Shahnawaz, Md. Jahangir, Md. Jassem and Md.
Mustafa. It was submitted that the petitioner is an old man aged
about 70 years and has no criminal antecedent. He submitted that
co-accused, Md. Jassem and Md. Mustafa have been granted
anticipatory bail earlier today Cr. Misc. No. 2091 of 2021.
6. Learned APP submitted that the petitioner was the
person who had instigated the other accused, who had assaulted
the victims and one person had died due to that assault and, thus,
he is equally responsible.
7. Learned counsel for the informant submitted that
there was common intention of all and even if the petitioner is not
alleged to have specifically assaulted the deceased but he had
common intention and in pursuance of that intention, death had
Patna High Court CR. MISC. No.37167 of 2020 dt.08-07-2021
occurred. It was submitted that two other accused have been
granted regular bail by the Court and in the trial of the said two
arrested persons, who have now been enlarged on bail, has begun
after framing of charge.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Sitamarhi in Sitamarhi PS Case
No. 349 of 2020, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 and further, (i)
that one of the bailors shall be a close relative of the petitioner, (ii)
that the petitioner and the bailors shall execute bond and give
undertaking with regard to good behaviour of the petitioner, and
(iii) that the petitioner shall cooperate with the Court and
police/prosecution. Any violation of the terms and conditions of
the bonds or the undertaking or failure to cooperate shall lead to
cancellation of his bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
Patna High Court CR. MISC. No.37167 of 2020 dt.08-07-2021
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioner.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
