Reyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14297 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

REYAZ son of Bhola Mian @ Aas Mohammad Resident of Village - Athgharwa, P.S. Hussainganj, District - Siwan. 2.

Wazir @ Wazir Ali Son of Shamsher Mian Resident of Village - Athgharwa, P.S. Hussainganj, District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Learned counsel for the petitioner submits that petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.

Permission is granted.

Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 325, 307, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.14297 of 2022() dt.10-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is specific allegation against co-accused Jallauddin who assaulted Shadab by means of hockey causing fracture in his hand. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 17.09.2022 passed in Cr. Misc. No. 11726 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the petitioner is the member of the mob, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hussainganj P.S. Case No. 194 of 2021, subject to the

Patna High Court CR. MISC. No.14297 of 2022() dt.10-11-2022 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T