Rafique Miyan @ Md. Rafique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1922 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== RAFIQUE MIYAN @ MD. RAFIQUE S/O Late Khodaduddin Miyan R/O Ward No- 4, Dihi Dhabelwa, P.S- Jogapatti, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP For the Informant :

Mr.Vijay Kumar Singh No.1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 341, 323, 324, 307, 337, 504, 479 of the IPC.

Allegedly, all the F.I.R. named accused persons including the petitioner came armed variously and indiscriminately assaulted the informant's side.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not

Patna High Court CR. MISC. No.1922 of 2023(3) dt.12-07-2023 2/2 specific rather general and omnibus in nature. It is submitted that during investigation, case was not found true against the petitioner and several similarly situated co-accused have been granted anticipatory bail by this Court and by a co-ordinate Bench of this Court. Petitioner has three criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, 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 Jogapatti P.S. Case No.280 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T