Md. Rizwan @ Md. Rijwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 58782 of 2023 Arising Out of PS. Case No.-475 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Md. Rizwan @ Md. Rijwan S/O Ahmad Ali Resident Of Village Inderpur Ward No 12 Police Station Chhatapur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 308, 354(B), 379, 427, 504, 506/ 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against 5 named accused persons including the petitioner alleging therein that he has brutally assaulted the informant's wife, due to which injury caused and subsequently snatched Rs.7,000/- from the informant.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R., it became crystal clear that on the issue of grazing grass, the present dispute has arisen. Counsel submits that the petitioner and informant's side both are resident of the same village and for the same date and place of occurrence, there are two criminal cases filed, one from the

Patna High Court CR. MISC. No. 58782 of 2023(2) dt.13-09-2023 2/2 informant's side and another from the petitioner's side. The informant's side have filed a case bearing Chhatapur P.S. Case No. 475 of 2022 whereas, petitioner's side has filed a case bearing Chhatapur P.S. Case No. 476 of 2022.

5. Learned counsel for the petitioner further submits that the injury has caused from both the sides and the dispute is basically for a petty issue relating to grazing grass.

6. Learned A.P.P. for the State opposes the prayer for bail and submits that it is true that there is a case and counter case between the parties.

7. In the present facts and circumstances of the case and the submissions made above, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks' from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- V, Supaul, in connection with Chhatapur P.S. Case No. 475 of 2022, dated 21.12.2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) sadique/- U T