Md. Riyaz @ Md. Raiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5777 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Niraj Kumar @ Ranjit Kumar Son Of Naresh Paswan Resident Of VillageDurga Charan Lane, Near Aata Chakki, Ps- Alamganj, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5984 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Md. Riyaz @ Md. Raiyaz Son Of Late Md. Ayub Resident Of Village- Balua, Ps- Runnisaidpur, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5777 of 2024) For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava (In CRIMINAL MISCELLANEOUS No. 5984 of 2024) For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Gangabridge P.S. Case No. 154 of 2023 registered for the offence under Sections 365, 364, 302, 201, 120(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.5777 of 2024(2) dt.09-02-2024 2/3

3. It is a case of abduction and thereafter committed murder of the informant's brother namely, Jai Prakash Rai by unknown miscreants.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are not named in the FIR. Their name came into light on the basis of confessional statement of co-accused Kashi Nath Rai before police which has got no evidentiary value in the eye of law. No any eye witness to the alleged occurrence. During course of investigation, no any consistent material has come against the petitioners to connect them with the alleged occurrence. Similarly situated co-accused Vikash Kumar has already been granted bail by this court vide order dt. 10.1.2024 passed in Cr. Misc. No. 85274 of 2023. Moreover, the petitioners have got no criminal antecedents and languishing in judicial custody since 28.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to

Patna High Court CR. MISC. No.5777 of 2024(2) dt.09-02-2024 3/3 be released on bail in connection with Ganga Bridge P.S. Case No. 154 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T