Partly allowed

Md. Rijwan @ Md. Rizwan v. The State of Bihar

Patna HC19 May 2023CR. MISC./2013/2023

Case brief

AI extract

What is this about?

Petitioners filed criminal miscellaneous petition seeking bail. Court dismissed bail for petitioner no. 1 with liberty for regular bail and granted pre-arrest bail to petitioners 2-5 with conditions under Section 438(2) CrPC.

What did the court decide?

Petitioner no. 1 dismissed with liberty to file regular bail. Petitioners 2-5 granted pre-arrest bail with bond of Rs. 10,000/- and two sureties.

Md. Rijwan @ Md. Rizwan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2013 of 2023

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Arising Out of PS. Case No.-146 Year-2022 Thana- JALALGARH District- Purnia

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======================================================

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Md. Rijwan @ Md. Rizwan S/O Md Urfan R/V- Nijgehuma, P.S.- Jalalgarh, District- Purnia

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Nasima Khatoon W/O Md. Rijwan @ Md Rizwan R/V- Nijgehuma, P.S.Jalalgarh, District- Purnia

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Jarina Khatoon W/O Md. Urfan R/V- Nijgehuma, P.S.- Jalalgarh, DistrictPurnia

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Sahida Khatoon @ Maso Shahida W/O Asad R/V- Nijgehuma, P.S.Jalalgarh, District- Purnia

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Gulsan @ Gulshan W/O Tahshin R/V- Nijgehuma, P.S.- Jalalgarh, DistrictPurnia

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Jai Prakash Verma, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 19-05-2023

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Heard Mr. Jai Prakash Verma, learned counsel appearing on behalf of the petitioners and Mr. Parmanand Kumar, learned APP for the State.

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Learned counsel appearing on behalf of the petitioners submitted that the main allegation is against Md. Rijwan (petitioner no.1) and he seeks to withdraw the bail application on his behalf.

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Considering the submission made by the learned counsel, so far as the prayer for bail on behalf of the petitioner

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Patna High Court CR. MISC. No.2013 of 2023(4) dt.19-05-2023 2/3

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no. 1 is dismissed with a liberty to file regular bail.

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The petitioner nos. 2 to 5 seek pre-arrest bail in connection with Jalalgarh P.S. Case No. 146 of 2022 dated 18.08.2022 registered for the offence punishable under Sections 341, 323, 354, 307, 379, 504, 506 and 34 of the Indian Penal Code.

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Prosecution story, in brief, is that accused persons named in the FIR started abusing the informant side. Allegation against the petitioners is that the petitioner no. 1 was forcibly erecting brick construction allegedly on the land of the informant.

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Learned counsel appearing on behalf of the petitioner nos. 2 to 5 submitted that there are general and omnibus allegation against the petitioners. No specific allegation of assault has been made by the informant against the petitioners in the FIR.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the rival submissions of the parties and the allegation made in the FIR, the petitioner nos. 2 to 5, above named, are directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period

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Patna High Court CR. MISC. No.2013 of 2023(4) dt.19-05-2023 3/3

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of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia in connection with Jalalgarh P.S. Case No. 146 of 2022 dated 18.08.2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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Niraj/-

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U T

Md. Rijwan @ Md. Rizwan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Rijwan @ Md. Rizwan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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