Neyaz Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18003 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== NEYAZ MIYAN Son of Late Noor Mohammad Miyan Resident of Village - Pipra Pawahi, P.S. - Bettiah Muffasil, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that on 29.03.2021 when he was pouring water at his door all the accused persons including the petitioner and three known accused came at his door and started assaulting him. The petitioner inflicted dagger blow over the head of the informant causing head injury. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.18003 of 2022(3) dt.18-10-2022 2/2 petitioner has been falsely implicated in the present case. He further submits that on account of dispute relating to pouring of water on the land of the petitioner, the present occurrence took place. He next submits that from perusal of the injury report, it would manifest that the injury was found simple in nature caused by hard and blunt substance which negates the allegation as alleged in the FIR of committing assault by dagger. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah (M) P.S. Case No. 243 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T