Md Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41476 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- KHIRHAR District- Madhubani ====================================================== 1.

Md Faiyaz S/O Md. Fate @ Md. Fate Rain R/O Village- Hisar Ps. Khirhar, Dist. Madhubani 2.

Rajina Khatoon @ Rajeena Khatoon W/O Md. Fate @ Md. Fate Rain R/O Village- Hisar Ps. Khirhar, Dist. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Khirhar P.S. Case No. 101 of 2022 registered under sections 147, 149, 341, 323, 307, 353, 427, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners along with other co-accused persons is that they created hindrance in discharging the official duties of the informant and other police personnel. It is further alleged that they assaulted the informant and other police personnel and also damaged the

Patna High Court CR. MISC. No.41476 of 2023(2) dt.13-07-2023 2/3 Government vehicle.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. It is further submitted that nothing specific allegation has been levelled against the petitioners rather general and omnibus allegation has been attributed against them. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. It is also submitted that similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 07.07.2023 in Cr. Misc. No. 27664 of 2023. Moreover, the petitioners are languishing in judicial custody since 10.04.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Khirhar P.S. Case No. 101 of 2022 on each of them furnishing bail bond of

Patna High Court CR. MISC. No.41476 of 2023(2) dt.13-07-2023 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M Ist Benipatti, Madhubani.

(Sunil Kumar Panwar, J) shubham/- U T