Rahmatullah @ Md. Rahmatullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51887 of 2023 Arising Out of PS. Case No.-434 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Rahmatullah @ Md. Rahmatullah Son Of Late Badiruddin R/O-Halamala, Ward No. 09, P.S. And Distt.-KISHANGANJ 2.

Md Sultan Son Of Isharul Haque @ Israrul Haque R/O-Halamala, Ward No. 09, P.S. And Distt.-KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

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

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioners is that assaulted the informant's elder father due to which he sustained injuries. It is further alleged that they also forcibly entered the informant's house and assaulted his family members and took away golden articles.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51887 of 2023(2) dt.25-08-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is inordinate delay of six days in lodging the FIR without given any cogent reason. There is no specific allegation of assaulting rather general and omnibus allegation levelled against the petitioners. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 01.07.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kishanganj P.S. Case No. 434 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 Chief Judicial Magistrate, Kishanganj. (Sunil Kumar Panwar, J) Manishkumar/- U T