Md. Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36930 of 2024 Arising Out of PS. Case No.-163 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

Md. Riyaz son of Md. Habeeb @ Mohammad Habeeb R/o- Nagarpanchayat W.No-11, Ps- Jhanjharpur Dist- Madhubani 2.

Md. Meharban @ Meharban son of Md. Basir @ Md. Basir Nat R/oIslampur W.No-11, Ps- Jhanjharpur Dist- Madhubani 3.

Md. Kalam @ Mohammad Kalam son of Mohammad Habib @ Md. Habib R/o- Islampur W.No-11, Ps- Jhanjharpur Dist- Madhubani ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Petition for pre-arrest bail of petitioner no.3 is dismissed as withdrawn.

2. Heard learned counsel for the petitioners and the State.

3. Petitioners no. 1 and 2 apprehend arrest in a case registered for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

4. As per the prosecution case, all the FIR named accused persons including these petitioners, while searching lost battery of the tractor, abused and assaulted the informant and others by means of farsa, lathi, iron rod causing him injuries.

5. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.36930 of 2024(5) dt.14-05-2025 2/2 parties are co-villagers and no incriminating article has been recovered from the conscious possession of the petitioners and due to previous enmity petitioners have been implicated in this case with false and concocted allegation. Petitioners claim clean antecedent.

6. Considering the aforesaid facts of the case, prayer for bail of petitioners no. 1 and 2 is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Jhanjharpur, Madhubani in Jhanjharpur Police Station Case No. 163 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T