Rabbani @ Md Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64728 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- POTHIYA District- Kishanganj ====================================================== Rabbani @ Md Rabbani Son Of Md. Jumma @ Mohd Juma R/O Vill - Mukhtarbasti, Maulanapara, P.S. - Pothia, Distt. - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Learned counsel for the petitioner is permitted to make necessary correction in the custody date of the petitioner.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 452, 504, 506 of the Indian Penal Code.

4. The prosecution case in nutshell is that petitioner along with co-accused persons came to

Patna High Court CR. MISC. No.64728 of 2023(2) dt.12-10-2023 2/3 informant's house and assaulted the informant with iron road due to which she sustained head injuries. It is also alleged that accused persons outraged the modesty of informant and they also snatched Rs. 72,000/- from almirah of the house of the informant.

5. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. The specific allegation of assaulting is against co-accused Imran. The allegation levelled against the petitioner is general and omnibus. Moreover, petitioner is languishing in judicial custody since 07.08.2023.

6. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

7. Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.64728 of 2023(2) dt.12-10-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pothia P.S. Case No. 80 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kishanganj. (Sunil Kumar Panwar, J) Nirajkrs/- U T