Bhola Miya @ Sabir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11622 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Bhola Miya @ Sabir Hussain Son Of Muslim Miya @ Muslim Ansari @ Muslim Mansuri Resident Of Village- Darpa Tola, Pipara, P.S.- Darpa, District- East Champaran At Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 379, 308, 427, 504, 506 of the Indian Penal Code.

The allegation against the petitioner and other co-accused persons is that by forming unlawful assembly and holding weapons in their hands came and committed loot of house hold article worth Rs. 5,00,000/- from the

Patna High Court CR. MISC. No.11622 of 2023(2) dt.21-04-2023 2/3 house of informant, threatened of dire consequences and made an attempt to ablaze the house of informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is non assailant and he is only a member of mob. There is no specific allegation against him and nothing incriminating has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 22.112022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chhauradano P.S. Case No. 104 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.11622 of 2023(2) dt.21-04-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul, Motihari East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T