Md. Reyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55723 of 2022 Arising Out of PS. Case No.-155 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Md. Reyaz Son of Jalalu Miyan @ Jalau Miyan @ Md. Jalauddin, Resident of Village- Jeerati, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam, Adv For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Sahebganj P.S. Case No. 155 of 2020 registered under Sections 341, 342, 323, 307 and 34 of the Indian Penal Code.

It is alleged that the petitioner has assaulted informant by means of farsa on his head.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55723 of 2022(2) dt.16-12-2022 2/3 injury stands corroborated by the report, which is at Annexure3. However, the nature of injury has been opined as simple. The occurrence has led to lodging of case and counter-case. The prosecution parties are accused in Sahebganj P.S Case No. 156 of 2020 arising out of the same occurrence. With intervention of common well-wishers and friends, the parties have come to terms, which is evident from a petition bringing on record compromise between the parties before the court below. The petitioner having no criminal antecedent is in custody since 25.07.2022.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Muzaffarpur in Sahebganj P.S. Case No. 155 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.55723 of 2022(2) dt.16-12-2022 3/3 how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T