Anwar Miya @ Anar Miya@ Anwarul Husen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33520 of 2018 Arising Out of PS. Case No.-98 Year-1997 Thana- JOGAPATTI District- West Champaran ====================================================== Anwar Miya @ Anar Miya@ Anwarul Husen, S/o Sanhe Miya @ Bandhu Miya, R/o Village Dhabolwa, P.S. - Yogapatti, District- West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s :
Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2018 Heard Mr. N.K. Agarwal learned senior counsel on behalf of the petitioner and Mr. Verma learned counsel for the informant.
The petitioner is in custody in connection with Yogapatti P.S. Case No. 98 of 1997 giving rise to trial No. 2101 of 2018 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 212, 364(A) of the Indian Penal Code. Mr. Agarwal, learned senior counsel for the petitioner submits that the petitioner is in custody since 04.04.2018 in a case where the police after investigation has submitted the final form and differing with the final form learned Magistrate has taken cognizance.
Mr. Verma, learned counsel appearing on behalf of the
Patna High Court Cr.Misc. No.33520 of 2018(2) dt.06-06-2018 2/2 informant vehemently opposed the prayer of bail and submitted that the Magistrate differing with the final form has taken cognizance, and, as such, the petitioner does not deserve bail. Considering the fact that the police after investigation has submitted final form in favour of the petitioner, the Court is inclined to grant bail to the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IVth, Bettiah in connection with Yogapatti P.S. Case No. 98 of 1997 giving rise to trial No. 2101 of 2018.
(Anil Kumar Upadhyay, J) banti/rahul U T