Patna High CourtCR. MISC./22828/2022bail granted

Md. Rezauddin v. The State Of Bihar

2022-09-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22828 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- BISFI District- Madhubani ====================================================== MD. REZAUDDIN Son of Samim Ahmad Resident of Village- Shibaul, Ward No.14, P.S.- Bisfi (Patauna), District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 504 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case, in brief, is that on 13.12.2021 at about 11 AM, all the accused persons, armed with deadly weapons, abused the informant and thereafter, co-accused Md. Jiya fired from his pistol on the brother of informant, but luckily it did not hit him. It is further alleged that co-accused Md. Shamsher assaulted with butt of pistol on the head of informant due to which informant sustained head injury. Thereafter, they snatched gold chain from the neck of the informant.

Patna High Court CR. MISC. No.22828 of 2022(3) dt.13-09-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR. Petitioner's name has figured during course of investigation and the only allegation against him is that his motorcycle was seized from the place of recovery. Petitioner has got no criminal antecedent. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1 Benipatti in Bisfi Police Station Case No. 291 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T