Emtiyaz Pawariya @ Emtiyaz Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1895 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Emtiyaz Pawariya @ Emtiyaz Miyan son of Aliyar Pawariya VillageFakarabad, P.S.- Chainpur, Dist.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chainpur P.S. Case No. 164/2023 lodged on 15.06.2023 under Section 341, 323, 307, 379, 504 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the petitioner alleging that he has assaulted the informant for recovery of loan amount on his head by iron road and on his eyes by fists. Allegation of taking Rs.5,000/- is also against the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It itself appears from the FIR that the informant has taken money and with a view to returning the same, the petitioner was creating

Patna High Court CR. MISC. No.1895 of 2024(2) dt.24-01-2024 2/2 pressure but with a view to save him from returning money this false case has been lodged. He further submits that the injury report annexed as annexure-2 to the petition reflects that there is no injury on the head rather the injury has been found on the eyebrow. The petitioner is in custody since 22.11.2023 having no criminal antecedent. The chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Bhabua, Kaimur, in connection with Chainpur P.S. Case No. 164/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T