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Patna High CourtCR. MISC./63671/2023allowed

Md. Kamran Riyazi @ Ka Reyazi @ Lucky Riyazi v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63671 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Md. Kamran Riyazi @ Ka Reyazi @ Lucky Riyazi Son Of Md. Khalid Reyazi @ Md. Khalid Riyazi Village- Chhoti Ballia Mirdah Toli Ps- Ballia Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 342, 392 of the Indian Penal Code.

3. Allegation against the 4-5 unknown miscreants is that they surrounded the informant and assaulted him by means of lathi, danda, fists and slaps due to which he sustained injury. It is further alleged that they looted away his motorcycle as well.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The

Patna High Court CR. MISC. No.63671 of 2023(2) dt.10-10-2023 2/2 petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Amar Kumar before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 16.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ballia P.S. Case No. 133 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai.

(Sunil Kumar Panwar, J) shubham/- U T