Md. Irfan @ Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67895 of 2019 Arising Out of PS. Case No.-812 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== MD. IRFAN @ IRFAN, 30 Y/M, S/o Shamiullah @ Hamidullah, R/o Mohalla- Kalibag, Miskar Toli, P.S.- Bettiah Town (Kalibag O.P.), DistrictWest Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 324, 307, 387, 379, 447/34 of the IPC.

The prosecution story, in brief, is that on the basis of written report dated 15.09.2018 submitted by Md. Shamsher to the Station House Officer, City Town Kalibagh (O.P.) Police Station, Bettiah, is to the effect that Md. Irfan (petitioner) demanded extortion of Rupees Two Lacs. On protest being made, he was given life threatening. On 14.09.2018 at 8.00 P.M. during Muharram procession, petitioner alongwith four other accused persons came variously armed and again demanded

Patna High Court CR. MISC. No.67895 of 2019(2) dt.24-10-2019 2/3 extortion, on refusal of the same, petitioner assaulted on the abdomen of the brother of the informant, Md. Rehan with knife, whereas, co-accused Md. Imran and co-accused Raj Imam assaulted on the neck of the mother of the informant with knife and handle of hand pump. It is further alleged that co-accused Sahnawaz and Arman assaulted on the thigh and hand of the father of the informant with knife, whereas, Md. Irsad assaulted on the hand of the informant with knife. It is further alleged that petitioner resorted to fire on the head of the informant, but it did not hit anyone. The accused persons also took away cash amount of Rs. 28,000/- and jewellery from the house of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 30.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. The alleged occurrence has taken place due to petty reason on the occasion of Muharram Procession. The injury report does not disclose whether the injury is grievous or simple. In absence

Patna High Court CR. MISC. No.67895 of 2019(2) dt.24-10-2019 3/3 of such medical finding, it would difficult to ascertain whether Section 307 of the IPC is made out or not.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. West Champaran, Bettiah, in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 812 of 2018.

(Sudhir Singh, J) U.K./- U T