Rojid Miyan @ Rajid Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77230 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Rojid Miyan @ Rajid Miya Son of Halim Miya Resident of Village - Manjha Chaturbhuj, P.S. - Phulwaria (Shreepur O.P.), District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with S.T. No. 147 of 2024 arising out of Phulwaria (Shreepur O.P.) P.S. Case No. 400 of 2023 dated 06.11.2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 302 of the Indian Penal Code.
3. Earlier the prayer of the petitioner for grant of regular bail was rejected by this Court vide order dated 06.09.2024 passed in Criminal Miscellaneous No. 26422 of 2024 with an observation that the petitioner will be at liberty to renew his prayer for bail after framing of charge.
4. Learned counsel for the petitioner submitted that charges has been framed against the petitioner on 05.10.2024 for
2/4 the offences punishable under Sections 147, 148, 323, 307, 302, 341, 325/149 of the Indian Penal Code.
5. The prosecution case, in short, is that on 06.11.2023 at 06.10 A.M. Rojid Miya (petitioner) and Rizwan Miya came to their house from Hazaribagh by Scorpio bearing Reg. No. JH01FE0924. Rojid Miya, Rizwan Miya, Taira Khatoon, Shabnam Khatoon and Shabu Khatoon having lathi and danda came at the house of the informant and started abusing. On protest made by the father of the informant, namely, Usman Miyan, they assaulted him by lathi and danda. It is alleged that Rojid Miya asked his son Rizwan Miya to kill him by dashing with the vehicle. Thereafter, Rizwan Miya crushed the informant's father by Scorpio. As a result of which, he died on the spot. Ali Hussain, Noor Alam Ansari and Asif Raza tried to rescue him then Rizwan Miya ran over the Scorpio on them. As a result of which, leg of Ali Hussain was broken and two others became injured.
On information, police reached and sent the dead body of informant's father for postmortem to Sadar hospital, Gopalganj. Other three injured got their treatment in Referral Hospital, Hathua. The reason behind the occurrence is land dispute between the parties.
6. Learned Counsel for the petitioner submits that the
3/4 petitioner is innocent and has been falsely implicated in this case. It is submitted that after investigation the police submitted charge sheet under Sections 341, 323, 325 and 304/34 of the Indian Penal Code but learned Magistrate differing from the police report took cognizance under Section 147, 148, 323, 341, 325, 307 and 302/34 of the Indian Penal Code. It is next submitted that petitioner is the driver, who crushed and killed the informant's father by dashing him against the Scorpio vehicle on the order of Rojid Miya due to which he died on the spot. When Ali Hussain, Noor Alam Ansari and Asif Raza tried to rescue him then Rizwan Miya ran over the Scorpio on them. There is case and counter case between the parties. Counter case has been lodged by co-accused Taira Khatoon bearing Phulwaria (Shreepur O.P.) P.S. Case No.
411 of 2023 against the prosecution party including the informant. It is submitted that there is land dispute between the parties. Lastly, it has been submitted that the petitioner is in custody since 07.11.2023, having no criminal antecedent and charge-sheet has been submitted in the case.
7. Learned A.P.P. has opposed the prayer for bail of the petitioner.
8. Having considered the facts and circumstances of
4/4 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of A.D.J. XII, Gopalganj in Phulwaria (Shreepur O.P.) P.S. Case No. 400 of 2023, subject to the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (Khatim Reza, J) sankalp/- U T