Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72603 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== Md. Firoz Son Of Abdul Razzaque @ Md. Rajjak R/O Village- Yaduapatti, Ward No.3, P.S.- Kumarkhyand, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 506/34 of the Indian Penal Code.

It is a case of assaulting to the son of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to

Patna High Court CR. MISC. No.72603 of 2023(2) dt.30-11-2023 2/3 the occurrence. For the alleged occurrence of 03.05.2023 at 8:00 P.M, the F.I.R was registered on 05.05.2023 at 3:34 P.M without explaining the delay. The petitioner and husband of the informant are full cousin and in the background of some land dispute, the present accusation has been levelled against him. The petitioner is languishing in custody since 10.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has already not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.72603 of 2023(2) dt.30-11-2023 3/3 Magistrate-II, Madhepura in connection with Kumarkhand P.S. Case No. 161 of 2023.

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