Reyaj Ahmad @ Munna Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22508 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- GURUA District- Gaya ====================================================== 1.
Reyaj Ahmad @ Munna Miyan son of Late Irdish miyan @ Idrish Miyan VILLAGE -VISHNUPUR, PS -GURUA, DISTRICT- GAYA 2.
Md. Naushad Miyan son of Nabi Hasan Miyan VILLAGE -VISHNUPUR, PS -GURUA, DISTRICT- GAYA 3.
Rehan Khan @ Gunnu Miyan Son of Dilshad Miyan VILLAGE -VISHNUPUR, PS -GURUA, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the State :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Gurua P.S. Case No.-354 of 2024, dated 02.11.2024, registered for the offences punishable under Sections 191(2), 190, 127(1), 115(2), 298, 299 and 196 of B.N.S., 2023.
3. As per allegation, about 23 persons stopped the religious procession carrying statue of Laxmi Maa on the occasion of Diwali and they also threw stones on the procession, causing injury on head.
Patna High Court CR. MISC. No.22508 of 2025(2) dt.30-04-2025 2/3
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the petitioners have nothing to do with the alleged offence, nor were they present at the place of occurrence. He further submits that the petitioners are named in the FIR only on the basis of suspicion and moreover, it is very difficult to identify any person amongst 23 persons.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection
Patna High Court CR. MISC. No.22508 of 2025(2) dt.30-04-2025 3/3 with Gurua P.S. Case No.-354 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T