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Patna High CourtCR. MISC./62755/2023allowed

Rizwan Alam @ Rijvanullah v. The State Of Bihar

2023-10-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62755 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- PALANWA District- East Champaran ====================================================== RIZWAN ALAM @ RIJVANULLAH S/O FAIYAJ AHAMAD RESIDENT OF VILLAGE JAITAPUR, PS- PALANWA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rahul Singh, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 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, 307, 379, 354, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner, having deadly weapons, came to the informant's house and assaulted him. The mere allegation against the petitioner is that he ordered to kill the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are co-villagers. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner

Patna High Court CR. MISC. No.62755 of 2023(2) dt.16-10-2023 2/2 is not specific rather general and omnibus in nature. There is specific allegation against other co-accused. There is admitted land dispute between the parties. There is case and counter case between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Palanwa P.S. Case No. 121 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T