IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4414 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Md. Mumtaz @ Mumtaz Nadaf S/o Md. Yunus Resident at RAhika, P.S.- Rahika, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rampravesh Nath Tiwari, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP For the Informant : Mr. Bimal Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary called for Cr. Misc. No. 75004 of 2024. 2. The petitioner seeks bail in connection with Rahika P.S. Case No. 89 of 2024 instituted for the offences under Sections 341, 323, 324, 504, 506/34, 307, 452, 427, 147, 354B of the Indian Penal Code and subsequently added Section 302 of the Indian Penal Code. 3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the husband of the Informant and her son. It is alleged that co- accused Md. Mustaq assaulted on the head of the husband of the Informant by means of iron rod causing cut injury. It is also Patna High Court CR. MISC. No.4414 of 2025(3) dt.13-02-2025 2/3 alleged Md. Mumtaz (petitioner) also attacked on the head of the Informant’s son by means of farsa causing cut injury. 4. Learned counsel for the petitioner submit that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of land dispute between the parties. There is a land dispute between the parties and the parties are related to each other. He submits that the specific allegation of assault on the husband of the Informant on his head is against the co- accused Md. Mushtaq. The allegation has also been made against the petitioner of assaulting the son of the Informant by means of farsa but, from the injury report, it appears that the injury is simple in nature. The occurrence has taken place on 15.04.2024 but, the F.I.R. was lodged on 17.04.2024 without there being any plausible explanation for such delay which creates doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.08.2024 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. He further submits that there is specific allegation Patna High Court CR. MISC. No.4414 of 2025(3) dt.13-02-2025 3/3 against the petitioner of assault on the head of Informant’s son by means of farsa. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rahika P.S. Case No. 89 of 2024. rishi/- (Rudra Prakash Mishra, J) U T