Md. Rijwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65834 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Md. Rijwan Son of Late Md. Ali Akbar R/o Village- Dihbreya, P.S.- Darbhanga Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-10-2024 Heard Mr. Sadanand Roy, learned counsel for the petitioner and Md. Fahimuddin, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Darbhanga Sadar P.S. Case No. 206 of 2024, F.I.R. dated 05.05.2024 for the offences punishable under Sections 341, 323, 307, 379, 506 and 34 of the Indian Penal Code.

3. According to prosecution case, petitioner has assaulted to the informant by means of iron rod.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute

Patna High Court CR. MISC. No.65834 of 2024(2) dt.05-10-2024 2/3 between the parties. He further submits that although there is specific allegation against the petitioner that he has assaulted to the informant by means of iron rod due to which the informant has received the injury but the injury report of the informant suggests that the injury found upon him is simple in nature. He further submits that due to admitted land dispute the present occurrence has taken place. He further submits that one Title Suit No. 148 of 2022 is pending between the parties and both the parties are agnates to each other.

5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, the petitioner having clean antecedent and injury inflicted upon the informant is simple in nature, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 206 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.65834 of 2024(2) dt.05-10-2024 3/3 Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) ajay/- U T