Md. Rijwan @ Md. Rijwan Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71889 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Md. Rijwan @ Md. Rijwan Ahmad Son of Md. Yusuf Ahmad Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 2.

Mehtab @ Md. Mahtab Son of Md. Rijwan Alam Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 3.

Md. Makbul Son of Jahir Uddin Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 4.

Meraj @ Mohammad Meraj Son of Md. Idrish Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 5.

Md. Ezajul Haque @ Ezajul Haque Son of Md. Idris Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 6.

Md. Ashfak @ Md. Ashfaque Son of Md. Yusuf Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 7.

Md. Saddam @ Saddam Hussain Son of Md. Rizwan Ahmad Raine Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 8.

Md. Mansur @ Md. Mansur @ Md. Mansoor Alam Son of Md. Rizwan Ahmad Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai 9.

Md. Iqbal @ Md. Eqbal Son of Md. Yusuf Resident of Village - Sahebpur Kamal West, P.S. - Sahebpur Kamal, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sahebpur Kamal Police Station Case No. 129 of

Patna High Court CR. MISC. No.71889 of 2024(2) dt.28-10-2024 2/3 2024, for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 385, 338, 504, and 506 of the Indian Penal Code.

3. The prosecution case, as per the First Informant Report is that on 04.05.2024, the petitioners along with other accused persons armed with lathi, danda, iron-rod and pistol, arrived at the house of the informant and the petitioner no.1 and 3 caught hold her father and assaulted him by means of iron-rod on his head. The petitioner nos. 4 and 8 assaulted the aunt of the informant, petitioner nos. 6 and 9 looted the house hold article and petitioner no. 5 resorted to firing.

4. Learned Counsel for the petitioners submits that both the parties are neighbours and they have been made accused due to previous enmity. He further submits that a counter case, bearing Sahebpur Kamal P.S. Case No. 131 of 2024, has also been lodged by the side of the petitioners against the informant. He furhter submits that, the allegation against the petitioners are simple in nature. He next submits that the injury caused to the victim is simple in nature and nobody has sustained fire arm injury due to the firing resorted by petitioner no.5

Patna High Court CR. MISC. No.71889 of 2024(2) dt.28-10-2024 3/3

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is a case and counter case between the parties and the injury caused to the victim is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of this arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Begusarai, in connection with Sahebpur Police Station Case No. 129 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T