Sajid Reja @ Sajid Rja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30559 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== SAJID REJA @ SAJID RJA SON OF NAJARUDDIN RESIDENT OF VILLAGE- IMADPATTI NAYA TOLA, PS-CHAKIA, DIST-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 08.02.2023 in connection with Chakia P.S. Case No.50/2023, dated 08.02.2023, for the offences punishable under Sections 147, 148, 149, 323, 325, 337, 338, 327, 307 & 504 of the IPC.

3. According to prosecution case, the informant received information that some scuffle is going on between two parties at Subhash chowk and thereafter he along with other police personnel reached at the place of occurrence and came to know that three persons have sustained serious injuries and they have been admitted in hospital.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30559 of 2023(3) dt.25-07-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that as per allegation in the F.I.R. it appears that three persons, namely, Amanat Ali, Aftab Alam and Akhtar Ali have sustained injuries but the injury report of the injured persons suggests that all the injuries are simple in nature, caused by hard and blunt substance. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 08.02.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No.50/2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.30559 of 2023(3) dt.25-07-2023 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T