Fariyad Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22664 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Fariyad Miyan SON OF Late Sukat Miyan RESIDENT OF VILLAGELAGDI BASTHA, PS- MAINATAND, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Mainatand P.S. Case No. 145 of 2023 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. It has specifically been mentioned in the FIR that three sons of the petitioner along with other accused persons took away the son of the informant from his house at the pretext of photography and since then, his son became traceless and his mobile set was found switched off.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.22664 of 2024(3) dt.08-07-2024 2/3 that the petitioner is innocent and has falsely been implicated merely because he is father of one of the co-accused namely Aforj Alam, who took away the son of the informant. He has further submitted that co-accused Afroj Alam has rendered his confessional statement in which he has confessed that he committed murder of the deceased by inflicting brick blows on his head. The dead body of the deceased was recovered at the disclosure of co-accused. The petitioner is under custody since 05.10.2023.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the Afroj Alam on whose disclosure, the dead body was recovered has also disclosed his father's complicity in the alleged occurrence to which the learned counsel for the petitioner replied that it was nothing but a super addition at the behest of police.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bettiah West Champaran in connection with Mainatand P.S. Case No.

Patna High Court CR. MISC. No.22664 of 2024(3) dt.08-07-2024 3/3 145 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T