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Patna High CourtCR. MISC./19921/2025bail granted

Jalaludin @ Jalaluddin @ Md. Jalaluddin v. The State Of Bihar

2025-04-23Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19921 of 2025 Arising Out of PS. Case No.-123 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Jalaludin @ Jalaluddin @ Md. Jalaluddin Son of Late Hamid Miya Residence of village - Sirauli, P.S.- Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhuban P.S. Case no.123 of 2022 registered under sections 379, 323, 341, 436, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he was at his house, the accused persons including the petitioner herein came variously armed. It is stated that some of the accused started to throw his articles outside the house stating that the house belonged to them. It is further stated that on the informant opposing, accused Sabir Ali assaulted the informant with the foot and on the lady members of the informant's family coming to his rescue, Sarfuddin Mian pushed the informant's wife and snatched her chain. It is further stated that the

Patna High Court CR. MISC. No.19921 of 2025(2) dt.23-04-2025 2/3 petitioner took away Rs.30,000/ kept under the bed.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of land dispute between the parties. It is further submitted that though the petitioner along with the others was granted anticipatory bail by this Court vide order dated 22.11.2022 passed in Cr. Misc. no.45388 of 2022, he was not released for the reason that he did not surrender in the learned Court below within the time granted and it subsequently transpired that he had suppressed his antecedents as mentioned in paragraph no.3 of the instant petition. He has remained in custody for more than three months since 21.12.2024 and chargesheet has been submitted in the case. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner along with the others having been granted anticipatory bail on merits on the earlier occasion, his having remained in custody since 21.12.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Madhuban P.S. Case no.123

Patna High Court CR. MISC. No.19921 of 2025(2) dt.23-04-2025 3/3 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Motihari, East Champaran.

(Partha Sarthy, J) Saurabh/- U T