Sheikh Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20452 of 2023 Arising Out of PS. Case No.-248 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== 1.

Sheikh Rizwan Son Of Sheikh Zumma Resident Of Village- Khadda Chauriharwa Tola Ps- Nautan Dist- West Champaran 2.

Sheikh Aftab Son Of Sheikh Zumma Resident Of Village- Khadda Chauriharwa Tola Ps- Nautan Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 447, 504, 34 of the Indian Penal Code.

The prosecution case as emerges from the F.I.R is that when on 19.04.2022 at about 6:30 P.M, the informant was sitting at the door of his house, his pattidar, Sheikh Jumma along with other persons came to his door regarding the previous dispute and started

Patna High Court CR. MISC. No.20452 of 2023(2) dt.23-05-2023 2/3 abusing and assaulted him, due to which, he sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners and informants are agnates and in the background of some previous dispute, the accusation has been levelled against the petitioners. There is counter version of the occurrence also and petitioners' side also sustained injuries. There is general and omnibus allegation against the petitioners. The F.I.R has been lodged after a delay of fifteen days without explaining the delay. The petitioners are languishing in custody since 07.08.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedents.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

Patna High Court CR. MISC. No.20452 of 2023(2) dt.23-05-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 248 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T