Mohammad Meraz @ Md. Meraz Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46875 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

MOHAMMAD MERAZ @ MD. MERAZ RAIN 2.

Mohammad Seraj @ Seraz Both sons of Md. Remaz @ Jalim Mian 3.

Mohammad Reyaz @ Jalim Mian @ Md. Jalim Rain Son of Late Bhardul Miyan All Resident of Village-Vijaypur, Police Station-Valmiki Nagar, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Valmiki Nagar P.S. Case No. 31 of 2019 registered for the offense punishable under Sections 341/323/307/379/504/506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the entire allegations are false and fabricated and the informant has sustained injury on account of his fall rather than any occurrence has occurred. It is further submitted that the main allegation is against one Md. Meraz, petitioner No. 1, and not

Patna High Court CR. MISC. No.46875 of 2019(2) dt.29-07-2019 2/2 the other accused persons who are the petitioners before this Court. Learned counsel for the petitioner further submits that so far as Md. Meraz is concerned, the allegation of having injured on the head with iron-rod has been found to be simple in nature as per the expert opinion which stands recorded in Annexure-2. He further submits that these petitioners were on enemical terms with the informant's side and, therefore, the present allegations and that they are also not having any criminal antecedent.

Considering the aforementioned facts and circumstances and the nature of injury as found and also that the petitioners have no criminal antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bagaha, West Champaran in connection with Valmiki Nagar P.S. Case No. 31 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T