Patna High CourtCR. MISC./14202/2024bail granted

Amrullah Miya v. The State Of Bihar

2024-03-04Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14202 of 2024 Arising Out of PS. Case No.-482 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Amrullah Miya Son of Late Kurban Miya Resident of Village- Chadahiya, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP Mr. Fakruddin Ali Ahmad, Adv.

Mr. Md. Tauqueer Azhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 482 of 2023 instituted for the offence punishable under Sections 341, 323, 302 and 504/34 of the Indian Penal Code.

3. As per F.I.R., it is a case of assault due to which, the grand-son of the informant, succumbed to injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. The specific allegation against co-accused Md. Arshad that he started assaulting

Patna High Court CR. MISC. No.14202 of 2024(2) dt.04-03-2024 2/2 with lathi, iron rod, phatta, bamboo slit and Md. Zikrullah Miyan is order giver. The other co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 08.11.2023 and 09.11.2023 passed in Cr. Misc. No. 72244 of 2023 and 72149 of 2023 respectively. Moreover, petitioner is languishing in judicial custody since 22.12.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties as well as period of custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Harsidhi P.S. Case No.482 of 2023.

(Ramesh Chand Malviya, J) lata/- U T