Md. Ashique Raza @ Md. Ashique @ Md. Ashik Reza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10031 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- DAGARUA District- Purnia ====================================================== Md. Ashique Raza @ Md. Ashique @ Md. Ashik Reza Son Of Md. Rahmat Resident Of Village - Dumra Tola, Ward No.- 2, P.S.- Dagarwa, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 143, 341, 323, 324, 379, 504, 506 of the Indian Penal Code The allegation against the petitioner along with coaccused persons is that they armed with lathi, danda and iron rod came and started assaulting the informant due to which he sustained injury. It is further alleged that when nephew of the informant came to rescue him co-accused persons also assaulted him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific

Patna High Court CR. MISC. No.10031 of 2023(2) dt.03-05-2023 2/2 allegation of assaulting leveled against the petitioner rather general and omnibus allegation leveled against him. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is submitted that FIR has been lodged after delay of two days of the alleged occurrence. It is further submitted that petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 10.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dagarua P.S. Case No. 144 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnia. (Sunil Kumar Panwar, J) Manish/- U T