Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21205 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- RUPASPUR District- Patna ====================================================== 1.

Riyaz Son of Kutubuddin Resident of Mohalla- Saguna Murgiyachak, Burhiya Kuan, P.S.- Danapur, District- Patna 2.

Shahjada @ Jedi Son of Riyaz Resident of Mohalla- Saguna Murgiyachak, Burhiya Kuan, P.S.- Danapur, District- Patna 3.

Raja Son of Reyaz Resident of Mohalla- Saguna Murgiyachak, Burhiya Kuan, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Rupaspur P.S. Case No. 332 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Eight accused persons including the petitioners are said to have assaulted grandson of the informant and resorted firing earlier. Later on, the aforesaid accused persons gunned

Patna High Court CR. MISC. No.21205 of 2019(3) dt.17-06-2019 2/3 down the son of the informant.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. Petitioners have been falsely implicated in this case due to dirty village politics. There is no eye witness of the occurrence barring the witnesses, namely, Abhishek Kumar. Moreover, the said witness has not named the petitioners as the assailant rather Ravindra, Nandu and Pancham. Petitioners and others are said to have only surrounded the deceased at the relevant time. Aforesaid allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners happen to be poor labourer and mechanic of the two wheeler. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur, district-Patna in connection with Rupaspur P.S. Case No. 332 of

Patna High Court CR. MISC. No.21205 of 2019(3) dt.17-06-2019 3/3 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T