Md. Raquib @ Rakib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58825 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- ARARIA District- Araria ====================================================== 1.
Md. Raquib @ Rakib Son of Late Lattu Resident of Village - Diyari, Ward No.07, P.O. - Rampur Kudarkatti, P.S. - Araria, District - Araria 2.
Ashab @ Ashab Alam Son of Raquib @ Md. Raquib Resident of Village - Diyari, Ward No.07, P.O. - Rampur Kudarkatti, P.S. - Araria, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Majid Mahboob Khan For the Opposite Party/s :
Mr.Ram Sevak Choudhary Mr. Mukesh Kumar Rana ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-08-2024 Heard the learned counsel for the petitioners and learned APP for the State, assisted by the learned cousnel for the informant.
2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 447, 448, 354 and 380 of the Indian Penal Code, registered in connection with Araria P.S.Case No. 295 of 2024.
3. As per allegation, 22 named accused persons entered into the house of the informant. They forcibly took away the wooden logs stored for manufacturing furniture and they also assaulted the informant and his family members.
4. The learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated. It has further been submitted that the FIR shows
Patna High Court CR. MISC. No.58825 of 2024(2) dt.22-08-2024 2/2 itself that there was previous enmity between the parties. The allegations are general and omnibus and the petitioners are the persons of clean antecedents. It has also been submitted that the injuries suffered by the injured persons are simple in nature.
5. On the other hand, the learned counsel for the informant submits that one of the injuries on the person of the informant, namely, Matluba was found to be grievous in nature.
6. It appears that the petitioners are the persons of clean antecedents. They are in custody since 20.06.2024. There is previous enmity between the parties.
7. Considering the above facts and circumstances, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S.Case No. 295 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J) HR/- U T