Md. Rizwan @ Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28979 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- BAUNSI District- Araria ====================================================== Md. Rizwan @ Rizwan S/O Md. Ibrahim R/O Village- Dumra, Lattahari, Ward No. 07, P.S- Baunsi, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner has earlier moved before the Coordinate Bench of this Court with a prayer for anticipatory bail which was rejected vide order dated 19.02.2025 passed in Cr. Misc. No. 7243 of 2025.

3. The petitioner seeks bail in connection with Bausi P.S. Case No. 255 of 2024 instituted for the offences under Sections 191(2)/190/223/115(2)/118(1)/126(2)/76/109/303(2) of the Bhartiya Nyaya Sanhita, 2023.

4. As per prosecution case, the accusation against the petitioner is of assaulting Informant's son namely Tarique Anwar by means of spade on his head.

Patna High Court CR. MISC. No.28979 of 2025(3) dt.07-08-2025 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. There is an admitted land dispute between the parties which led to scuffle and, as a result, the informant sustained injuries. Learned counsel for the petitioner further submits that Section 144 of the Cr.P.C. are pending between the parties. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 20.02.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the allegation alleged is serious in nature. He further submits that from perusal of the injury report, it appears that out of three injuries, two are simple in nature and one is grievous. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner and others for offence under Sections 191(2)/190/223/115(2)/118(1)/126(2)/ 74/109/303(2) of the Bhartiya Nyaya Sanhita, 2023.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.28979 of 2025(3) dt.07-08-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bausi P.S. Case No. 255 of 2024. (Rudra Prakash Mishra, J) rishi/- U T