Rafique Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75043 of 2022 Arising Out of PS. Case No.-419 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

RAFIQUE MIYAN Son of Khoddadin Miyan Resident of VillageDhabelwa, P.S.- Jogapatti, District- West Champaran 2.

SABARE ALAM @ KALLU Son of Kudus Miyan Resident of VillageDhabelwa, P.S.- Jogapatti, District- West Champaran 3.

REYAZ MIYAN @ REYAJ ANSARI Son of Rafique Miyan Resident of Village- Dhabelwa, P.S.- Jogapatti, District- West Champaran 4.

KUDUS MIYAN @ KUDUS ANSARI Son of Khoddadin Miyan Resident of Village- Dhabelwa, P.S.- Jogapatti, District- West Champaran 5.

FAIYAZ ALAM @ BHUAR Son of Rafique Miyan Resident of VillageDhabelwa, P.S.- Jogapatti, District- West Champaran 6.

NAJARE ALAM Son of Kudus Miyan Resident of Village- Dhabelwa, P.S.- Jogapatti, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Deo Singh Mr. Vijay Kumar Singh No. 1 For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh Mr.Umesh Kumar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition, so far as petitioner no. 2 (Sabare Alam) is concerned. Accordingly, in respect of petitioner no. 2, this petition is dismissed as withdrawn.

Heard learned counsel for the petitioners, State and informant.

Petitioners (petitioner no. 1, 3 to 6) apprehend their

Patna High Court CR. MISC. No.75043 of 2022(6) dt.11-07-2023 2/3 arrest in a case registered for the offence under Sections 341, 323, 324, 307, 325, 504, 506/34 of the Indian Penal Code. On the alleged date and time of occurrence, when the informant was returning to his house, all the F.I.R. named accused persons including these petitioners, variously armed, stopped him and thereafter, assaulted him brutally, on account of which, informant received multiple injuries.

It is submitted on behalf of petitioners that as per F.I.R., there is no specific allegation against petitioners no. 3 and 5. So far as petitioners no. 1, 4 and 6 are concerned, as per injury report, they have caused simple injury. There is case and counter case, in which, both sides sustained injury. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let above-named petitioners no. 1, 3, 4, 5 and 6, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Jogapatti P.S. Case No. 419 of 2022, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.75043 of 2022(6) dt.11-07-2023 3/3 Criminal Procedure.

This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T