Harun Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4465 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== HARUN MIYAN Son of Yakub R/V- Bairiya Tiwari Tola, Ward no. 5, P.SBairaiya Dist- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bairiya P.S. Case No.55 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added.

The petitioner alongwith other co-accused persons is said to have assaulted the nephew of the informant by means of lathi and rod.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further

Patna High Court CR. MISC. No.4465 of 2023(2) dt.04-05-2023 2/2 submitted that after investigation, the police submitted final form against the petitioner, but the learned court below after differing with the final form took cognizance against him. The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, District West Champaran in connection with Bairiya P.S. Case No.55 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T