Md Faizi @ Md Iftah Faizi @ Md Iftah Faiz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40821 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
MD FAIZI @ MD IFTAH FAIZI @ MD IFTAH FAIZ S/O LATE MD. SAYEED RESIDENT OF VILLAGE LARUARA POLICE STATION MUFASSIL (SINGHAUL), DIST. BEGUSARAI 2.
MD. SHAHABUDDIN S/O MD. FAIZI @ MD. IFTAH FAIZI @ MD. IFTAH FAIZ RESIDENT OF VILLAGE LARUARA POLICE STATION MUFASSIL (SINGHAUL), DIST. BEGUSARAI 3.
MD. FIRDAUS S/O MD. FAIZI @ MD. IFTAH FAIZI @ MD. IFTAH FAIZ RESIDENT OF VILLAGE LARUARA POLICE STATION MUFASSIL (SINGHAUL), DIST. BEGUSARAI 4.
MD. SHAHBAAZ @ MD. SHAHBAZ S/O MD. FAIZI @ MD. IFTAH FAIZI @ MD. IFTAH FAIZ RESIDENT OF VILLAGE LARUARA POLICE STATION MUFASSIL (SINGHAUL), DIST. BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Pravesh Nath Tiwari, Adv.
For the Informant :
Mr. Farooque Afzal, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Mufassil (Singhaul) P.S. Case No. 89 of 2023 registered for the offences punishable under Sections 143, 341, 323, 307, 338, 504 and 506 of the Indian Penal Code.
3. It is alleged that the petitioners along with other coaccused persons kidnapped the son of the informant and
Patna High Court CR. MISC. No.40821 of 2023(2) dt.01-08-2023 2/2 assaulted with the intention to kill him.
4. It is submitted on behalf of the petitioners that the petitioners have been falsely implicated in the present case with ulterior motive and dirty village politics. It is further stated that FIR was lodged after a delay of four days without any plausible explanation. The chance of embellishment in the allegation, therefore, also renders the prosecution case doubtful.
5. Learned counsel for the informant and APP vehemently opposes the prayer of the bail and submits that the allegation against the accused petitioners is serious in nature and there is complicity of the petitioners in commission of the alleged crime. Injury is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case and gravity of offence, the prayer for grant of bail stands rejected.
(Prabhat Kumar Singh, J) Ayush/- U T