Jahangir Miyan @ Jahangir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14485 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Jahangir Miyan @ Jahangir Alam son of Late Alim Hussain Village- Gaffur Basti Ps- Ramnagar Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Yogapatti (Sanichari) P.S. Case No. 211 of 2023, lodged on 26.05.2023 under Sections 341, 323, 307, 379, 302, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 8 named accused persons including the present petitioner. The allegation against the present petitioner is that he has assaulted the informant's son with iron rod on his head due to which the informant's son fell down and subsequently, he died on the way before reaching hospital.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.14485 of 2024(3) dt.19-04-2024 2/3 petitioner is innocent and has committed no offence. Counsel also submits that it is true that the present petitioner has assaulted the informant's son on his head with iron rod, but subsequently, the allegation is also against series of persons who were conjointly attacking and assaulting the informant's son (deceased) and those persons were granted bail by this Court with condition that they shall be released on bail after framing of charge. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 03.07.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that from the contents of the FIR, it is very much clear that there is a direct allegation against the present petitioner that he has assaulted the informant's son (deceased) on his head with iron rod due to which he fell down.
7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
8. Accordingly, the prayer for regular bail of the petitioner in connection with Yogapatti (Sanichari) P.S. Case No. 211 of 2023, pending before the learned Chief Judicial
Patna High Court CR. MISC. No.14485 of 2024(3) dt.19-04-2024 3/3 Magistrate, Bettiah, West Champaran is hereby rejected.
9. Trial Court is directed to expedite the trial as early as possible.
(Dr. Anshuman, J.) Divyansh/- U T