Imamuddin Miyan @ Sheikh Imamuddin @ Imamdin Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9402 of 2020 Arising Out of PS. Case No.-114 Year-2018 Thana- SIMRA District- West Champaran ====================================================== IMAMUDDIN MIYAN @ SHEIKH IMAMUDDIN @ IMAMDIN MIAN, aged about 30 years, Male, Son of Lalbabu Miyan @ Lal Mohammad Miyan, Resident of Village - Bairati, P.S.- Semra (Chiutaha), District- West Champaran ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Umesh Chandra Verma, Adv.
For the Opposite Party :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Semra (Chiutaha) P.S. Case No. 114 of 2018, registered under Sections 302, 201 and 34 of the Indian Penal Code.
The accusation is that in the morning of 15.08.2018, Sudarshan Bin, son of the informant, Banarsi Bin, has gone to the field for attending the call of the nature where Gheghan Mian, Imamuddin Mian (petitioner), Bablu Mian, Lal Babu Mian, Firoz Khan and Nurul Khan committed the murder of Sudarshan Bin, son of the informant and threw the dead body in the paddy field of Nesar. Chhotu Bin, another son of the informant, when reached there, then, saw the dead body of Sudarshan Bin and returned to his house and informed about the
Patna High Court CR. MISC. No.9402 of 2020(2) dt.18-02-2020 2/2 dead body, then, the family reached there and saw that Bablu Mian and Lal Babu Mian was carrying the dead body of his son, Sudarshan Bin, but, on seeing him, they threw away the dead body and fled away.
Submission is that informant is not eye witness of the occurrence rather mere on suspicion petitioner and five others have also been implicated in this case. More so, co-accused, Gheghan Mian, has already been granted the privilege of bail vide Cr. Misc. No. 79015 of 2018 on 30.01.2019. The petitioner has no criminal antecedent and is in custody since 07.01.2020. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Semra (Chiutaha) P.S. Case No. 114 of 2018 to the satisfaction of Sri Sonu Kumar, Judicial Magistrate, 1st Class, Bagaha, West Champaran.
(Rajendra Kumar Mishra, J) Shamshad/- U T