Md. Riyaz @ Md. Riyaz Alam @ Md. Riwas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51122 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- BARSOI District- Katihar ====================================================== Md. Riyaz @ Md. Riyaz Alam @ Md. Riwas S/O Md. Yunus Resident Of Village- Bhagwa, P.S.- Balia Belone, District- Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per F.I.R is that while the informant was at his shop, three miscreants came at his shop on motorcycle and on point of gun, they demanded cash from the informant and on refusal, they
Patna High Court CR. MISC. No.51122 of 2022(3) dt.07-02-2023 2/3 fired upon him which hit on his hand. Thereafter, one person took out cash of Rs. 4500/- from the shop of the informant. The accused persons thereafter fled away from the place of occurrence.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The F.I.R is against unknown. There is general and omnibus allegation against the petitioner. The petitioner was not apprehended from the place of occurrence. Nothing has been recovered from the possession of the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 16.04.2022.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.51122 of 2022(3) dt.07-02-2023 3/3 Judicial Magistrate, 1st, Katihar in connection with Barsoi(Sudhani O.P) P.S. Case No. 34 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T