Firiyaj Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62404 of 2023 Arising Out of PS. Case No.-399 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.
FIRIYAJ KHAN S/O GAFFAR KHAN R/O VILLAGE- BRITA TOLA, PS.DHAKA, DIST. EAST CHAMPARAN 2.
SHAMSHAD KHAN @ SHAMSHAID KHAN S/O GAFFAR KHAN R/O VILLAGE- BRITA TOLA, PS.DHAKA, DIST. EAST CHAMPARAN ... ... petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148,149,341, 323, 325, 337, 338, 307, 354(B), 379, 504, 506 and 447 of the Indian Penal Code.
3. The allegation against the petitioners along with others is of assaulting the informant and her family members,
Patna High Court CR. MISC. No.62404 of 2023(2) dt.21-09-2023 2/3 due to which they sustained injury. It is further alleged that the accused persons outraged the modesty to the informant and snatched gold chain worth of Rs. 2 lacs.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. He submitted that the present case has been lodged in the background of the politics rivalry, since the petitioners were supporting the winner Ward Parshad against the candidate of prosecution story. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. He further submitted that there is no injury report on record and the same has not been mentioned in the impugned order. They are languishing in judicial custody since 14.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.62404 of 2023(2) dt.21-09-2023 3/3 satisfaction of the learned Court below in connection with Dhaka P.S. Case No. 399 of 2023.
(Sunil Kumar Panwar, J) arish/- U