Md. Riyaz @ Babua v. The State Of Bihar

Patna High Court Cr.Misc. No.27782 of 2016 (2) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27782 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Md. Riyaz @ Babua, son of Yahiya, resident of village - Taraiya, Police Station - Begusarai Muffasil in the district of Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Informant Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner is accused in connection with Muffasil P.S. Case No. 225 of 2015 registered under Sections 447, 504, 323, 307 and 379/34 of the Indian Penal Code. The allegation of informant is that petitioner along with five others wanted to record their names in survey records of the land of the informant, on which, informant made protest. Thereafter on 02.07.2015, petitioner and others reached at the door of the informant and started to abuse him. In the meantime, petitioner assaulted through the butt of the Pistol at the head of informant causing blood oozing injury and other accused also

Patna High Court Cr.Misc. No.27782 of 2016 (2) dt.13-07-2016 assaulted through Lathi and Danda to the informant. At that time, the petitioner snatched Rs.2000/- and Md. Bhatiya also took away a lapto of the informant.

Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to previous land dispute hot talk was exchanged due to that reason petitioner has falsely been implicated in this case. It is further submitted that the injury as found on the persons of the informant is simple in nature. It is further submitted that petitioner is in custody since 12.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 225 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T