Md. Rijwan @ Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50046 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Md. Rijwan @ Md. Rizwan Son Of Late Md. Urfan R/O Village- Nij Gehwan, P.S- Jalalgarh, Distt.- Purnea.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354, 307, 379, 504 and 506 the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant and his family members by means of lathi, danda and rod due to which the informant's mother sustained injuries and the reason behind this as alleged occurrence is said to be dispute in respect of passage(Raasta). It is further alleged that the petitioner tried to disrobe the informant's wife and also snatched Rs. 8,000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.50046 of 2023(2) dt.25-08-2023 2/2 falsely been implicated in this case due to land dispute. It is further submitted that there is no repetition of assault upon the informant's mother and the real fact is that the mother of the informant fell down due to which she sustained injuries. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover , he is languishing in judicial custody since 07.06.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalalgarh P.S. Case No. 146 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Purnea. (Sunil Kumar Panwar, J) Shubham/- U T