Halim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20099 of 2025 Arising Out of PS. Case No.-480 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Halim Miya S/O Sekh Mansoor R/O Village- Nimui, P.S- Sugauli, Distt.- East Chamapran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 480 of 2024 instituted for the offences under Sections 61, 318(4), 338, 338(3), 217, 248 of the BNS.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing fraud with an intention of deceiving common people in the name of note doubling.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence and has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation

Patna High Court CR. MISC. No.20099 of 2025(2) dt.15-04-2025 2/3 has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that from perusal of the FIR it appears that informant himself admitted that he lodged false case against the petitioner and therefore, informant has also been made accused in this case. Learned counsel further submitted that from perusal of the FIR it further appears that this is a case of gambling and the informant has also participated in the gambling of doubling currency. Learned counsel further submitted that cash amounting to Rs. 16,000/- has been recovered from his house. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.10.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 18.03.2025 passed in Cr. Misc. No. 15036 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.20099 of 2025(2) dt.15-04-2025 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 480 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T