Mirhasan Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2572 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== Mirhasan Miyan aged about 22 years Son Of Sakir Miayn @ Bhikhari R/OVill.- Barawa, Ps.- Dhanaha, Dist- West Champaran ... ... Appellant

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant :

Mr.Ashok Kumar Gupta, Advocate For the Respondent :

Mr. Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the appellant and the State. The present appeal is directed against the order dated 5.11.2020, passed by the Additional Sessions Judge I cum Special Judge, West Champaran, Bettiah in a case registered for the offence punishable under Sections 341/323/504/34 of the Indian Penal Code and Section 3 (i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby bail of the appellant has been rejected. As per the prosecution case, informant Ramdevi Ram gave Rs. 1 lac to the appellant for purchase a piece of land but the appellant neither executed the land nor did he return the money and when she went to his house demanding her money, appellant and his family members abused the informant by

Patna High Court CR. APP (SJ) No.2572 of 2021(2) dt.24-06-2021 2/3 calling her caste name. They also assaulted the informant by fists and slaps.

Learned counsel for the appellant submits that in fact appellant's father Shakir Miyan was ready to sale his land to the informant and not the appellant and the appellant never took money from the informant for the transaction of the aforesaid land. Appellant has got no criminal antecedent as stated in paragraph 3 of the bail petition and he is in custody since 15.10.2020.

Learned counsel for the state opposes the prayer for bail and submits that the appellant also participated in the alleged occurrence.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 5.11.2020, is set aside.

Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I cum Special Judge, SC/ST Act, West Champaran at Bettiah in Dhanaha Police Station Case No. 29 of 2020, on the following conditions:-

Patna High Court CR. APP (SJ) No.2572 of 2021(2) dt.24-06-2021 3/3

(1) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the appellant tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T