Asik Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21064 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- KOPA District- Saran ====================================================== ASIK MIYAN Son of Nijam Miyan Resident of Village - Kumna, P.S.- Kopa, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Basant Kr. Singh, Adv.

Mr. Vishesh Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kopa P.S. Case no. 96 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

As per allegation in the FIR, informant and his younger brother both had participated a wedding ceremony and after taking meal informant slept and his younger brother engaged himself in helping in marriage ceremony. At midnight, scuffle took place between two groups and all named accused persons assaulted his co-villagers including his younger brother by means of knife, lathi and danda. It is further alleged that all injured persons were admitted to Sadar Hospital, Chapra and during course of treatment his younger brother, namely Afroz

Patna High Court CR. MISC. No.21064 of 2022(3) dt.15-11-2022 2/2 Ali @ Afroz Miyan died.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. No specific allegation has been attributed against the petitioner. There is case and counter case. Members of both parties have sustained injuries.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kopa P.S. Case no. 96 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U