Md Riyaz @ Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50584 of 2021 Arising Out of PS. Case No.-514 Year-2018 Thana- DANAPUR District- Patna ====================================================== 1.

MD RIYAZ @ RIYAZ Son of Kutubuddin Resident of Village- Saguna Murgiyachak, P.S.- Danapur, District- Patna.

2.

Shahzad @ J.D. Son of Riyaz @ Md. Riyaz Resident of Village- Saguna Murgiyachak, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Danapur P.S. Case no. 514 of 2018 instituted for the offence under Sections 341, 323, 308/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while the informant was going to his grandmother's house, some accused persons assaulted him by fists as a result of which he sustained injuries on nose and head. Accused persons and the petitioners have also gone to his grand parent's house armed with pistol and sword. Co-accused Ravindra opened the fire Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.50584 of 2021(3) dt.25-07-2022 2/2 has submitted that petitioners are innocent and have committed no offence. Specific allegation of firing is against co-accused Ravindra. No injury report is brought on record to support the prosecution case. In impugned order also, there is no whisper about the injuries received by the informant. General and omnibus allegations have been levelled against the petitioners. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Danapur P.S. Case no. 514 of 2018, he will be enlarged 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 learned A.C.J.M-1, Danapur, District-Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U