Md. Tauqeer @ Roushan @ Tauqeer Reza @ Rais v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82623 of 2023 Arising Out of PS. Case No.-533 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Md. Tauqeer @ Roushan @ Tauqeer Reza @ Rais Son of Md. Naseer Ahamad @ Md. Nasir R/o vill - Badarbanna, P.S. - Bahera, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bahera P.S. Case No. 533 of 2022 dated 26.10.2022, registered for the offences punishable under Sections 147, 341, 323, 307, 379 and 504 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with the other ten co-accused persons surrounded the informant and started assaulting him by farsa, iron rod causing him injury. The specific allegation against the petitioner is that he has assaulted the informant on neck and shoulder by iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is counter case filed by the

Patna High Court CR. MISC. No.82623 of 2023(3) dt.08-02-2024 2/2 relatives of the petitioner against the informant and due to previous enmity, the name of the petitioner has been implicated in this case. He further submits that the petitioner was not present at the place of occurrence. He also submits that petitioner is in custody since 22.09.2023 having one criminal antecedent which belongs to the year 2013. Charge-sheet has already been submitted in this case and there is no chance of absconding with the petitioner or tampering with the evidences.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Benipur, Darbhanga in connection with Bahera P.S. Case No. 533 of 2022.

(Sunil Dutta Mishra, J.) sadique/- U T