Patna High CourtCR. MISC./45092/2018bail granted

Subhan Mian @ Subhahan Mian And ANR v. The State Of Bihar

2018-08-10Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.45092 of 2018 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45092 of 2018 Arising Out of PS.Case No. -712 Year- 2017 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Subhan Mian @ Subhahan Mian, S/o Najim Mian @ Naazim Mian @ Najim Ansari,

2. Suleman Mian S/o Najim Mian @ Naazim Mian @ Najim Ansari, All are R/o Vill.- Chaulaha Chowk, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are in custody since 21.05.2018 in connection with Turkauliya (Banjaria) P.S. Case No. 712 of 2017 for the offence registered under Sections 341, 323, 307, 504, 506 and 379/34 of the Indian Penal Code.

The allegation against the petitioner no. 1, Subhan Mian @ Subhahan Mian is that he had attacked with a Farsa which led to cut injury.

Learned counsel for the petitioner submits that the injury report which has been appended to the main bail petition does not indicate any cut injury, and therefore, the prosecution case stands

Patna High Court Cr.Misc. No.45092 of 2018 (2) dt.10-08-2018 belied with regard to the allegation as levelled against the petitioner no. 2, Suleman Mian. The petitioners have also filed a supplementary affidavit bringing on record the injury report which has now been described as simple in nature.

Considering the aforesaid facts and circumstances of the case and that the petitioners have no criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjaria) P.S. Case No. 712 of 2017. (Anjana Mishra, J) Jagdish/- U T