Reyazuddin Khan @ Sheikh Reyazuddin @ Reyazuddin Sheikh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48171 of 2023 Arising Out of PS. Case No.-54 Year-2021 Thana- SRINAGAR District- West Champaran ====================================================== Reyazuddin Khan @ Sheikh Reyazuddin @ Reyazuddin Sheikh, Son of Sattar Shekh, Resident of Pujaha, Patjirwa, P.S. - Srinagar, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2023 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Srinagar P.S. Case No. 54 of 2021, registered for the offences punishable under Sections 341, 323, 324, 447, 379, 354, 504 and 506/34 of the Indian Penal Code.
3. At the outset, learned counsel appearing on behalf of the petitioner submits that considering the fact that the police after investigation submitted charge-sheet only under Sections 341, 323, 324 and 504 of the Indian Penal Code, the petitioner was allowed police bail. However, as the learned jurisdictional Court differing with the charge-sheeet has taken cognizance of the offence under Section 308 of the Indian Penal Code, besides the other offences as narrated in the charge-sheet, the apprehension of arrest has arisen. So far the merit of the case is
Patna High Court CR. MISC. No.48171 of 2023(2) dt.11-08-2023 2/2 concerned, he submits that the only allegation against the petitioner is that he along with others have assaulted the informant's husband over his palm resulting into grievous injury. However, the allegation and the corresponding injury is not suffice to constitute an offences under Section 308 of the Indian Penal Code. He next submits that the petitioner was all along on police bail and he has never misused the privilege of the aforesaid bail.
4. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner was all along on a police bail and, as such, the application be disposed of in terms of the order passed by this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491.
5. In view of the submissions made on behalf of the parties, the present application stands disposed of with a direction to the petitioner to surrender before the Court below and prefer regular bail which shall be considered and disposed of in the light of the observation made by this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491.
(Harish Kumar, J) shivank/- U T