Md. Reyaz @ Reyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51074 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== 1.
Md. Reyaz @ Reyaz Son Of Md. Abbas @ Abbas Village- Rajo, PsSinghwara, Dist- Darbhanga 2.
Md. Shahwaz @ Md. Shahnawaz @ Shahbaz Son Of Md. Abbas @ Abbas Village- Rajo, Ps- Singhwara, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Iqbal Asif Niazi, Adv.
For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Singhwara P.S. Case No. 149 of 2023 lodged on 01.08.2023 for the offences punishable under Sections 147, 148, 149, 448, 323, 324, 354, 302, 504, 506 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 12 named accused persons including the present petitioners against whom there is an allegation that they all came at the house of the informant and started abusing to the informant's father and upon oppose, all the accused persons have assaulted
Patna High Court CR. MISC. No.51074 of 2024(2) dt.24-07-2024 2/3 the informant's father. The specific allegation has been made against Md.Gulzar due to which injury took place and subsequently, allegation has been made on Md. Arman also. It is alleged in the FIR that the informant's father died due to the said injury caused to him.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that the criminal antecedent of the petitioners are clean. Counsel further submits that it is true that the name of the petitioners and other accused persons are there in the FIR, but there is no act or overt act against the present petitioners. Counsel also submits that those accused persons who actually committed the offence have already named specifically with their act and overt act. Counsel submits that the name of huge person has been inserted in the FIR due to the political rivalry as the petitioners have not supported the local mukhiya in the election, rather, they were supporters of rival of the said mukhiya.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on
Patna High Court CR. MISC. No.51074 of 2024(2) dt.24-07-2024 3/3 bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.MIV, Darbhanga, in connection with Singhwara P.S. Case No. 149 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dr. Anshuman, J) Divyansh/- U T