Hamid Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78310 of 2024 Arising Out of PS. Case No.-228 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.
Hamid Raza S/O Late Md. Abbas Resident of Village - Mehsaul, P.SRunnisaidpur, District Sitamarhi. 2.
Saqib Raza S/O Hamid Raza Resident of Village - Mehsaul, P.SRunnisaidpur, District Sitamarhi. 3.
Aakib Raza S/O Hamid Raza Resident of Village - Mehsaul, P.SRunnisaidpur, District Sitamarhi. 4.
Ragib Raza S/O Hamid Raza Resident of Village - Mehsaul, P.SRunnisaidpur, District Sitamarhi. 5.
Munakib Raza S/O Hamid Raza Resident of Village - Mehsaul, P.SRunnisaidpur, District Sitamarhi. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
:
Mr. Pushpendra Kumar Singh, Adv.
:
Ms. Divya Bharti, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP-34 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioners and Md. Matloob Rab, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Runnisaidpur P.S Case No. 228 of 2024 instituted for the offence under Section 118(2), 127(1), 3(5), 118(1), 352, 115(2) of the Indian Penal Code.
3. The case of the prosecution is that on the date of the occurrence all the petitioners being armed with Lathi, Danda and
Patna High Court CR. MISC. No.78310 of 2024(2) dt.29-11-2024 2/3 Iron Road arrived. Subsequent allegation against one Sakib Raza is that, he assaulted with knife on the head of the son of the informant with intention to kill. The son of the informant received head injury.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case. It has been argued by the learned counsel for the petitioners that the occurrence was of 30.06.2024 whereas the case was lodged on 02.07.2024 and no reason of delay has been explained by the prosecution. It has been argued that a case of Section 307 of IPC was filed by the petitioners and they were being pressurized by the informant side to compromise the same. Though, the injury report is not there on the record, it is further alleged that all the accused persons assaulted the son of the informant indiscriminately. From perusal of the order of the trial court, it is clear that Saik Raza is son of the informant. One incised wound measuring 2 inch x 1/6 inch x skin deep on the occipital region of the scalp is found. It has been argued that as the injury is skin deep it means there is no fracture and the nature of injury is simple.
5. Learned APP for the State has opposed the prayer of bail of the petitioners and submitted that petitioners have criminal
Patna High Court CR. MISC. No.78310 of 2024(2) dt.29-11-2024 3/3 antecedents.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Runnisaidpur P.S Case No. 228 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Suruchi/- U T