Isha Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26293 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== ISHA MIYAN Son of Samsuddin Miyan R/V- Mahra Bazar, Ward no. 8, P.SMuffasil, Dist- West Champaran , Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Namrata Mishra For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 354(B), 379, 504/34 of the Indian Penal Code. As per allegation in the FIR, due to land dispute petitioner started to abuse to the informant's wife and on protest and with intention to kill the informant he inflicted sword blow on the head of the informant. It is further alleged that other accused persons misbehaved with his wife.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Medical report is not in consonance with the prosecution case as the doctor opined that informant has received only one injury

Patna High Court CR. MISC. No.26293 of 2023(2) dt.19-05-2023 2/2 caused by hard and blunt substance. Neither there is repeated blow nor intention to kill the informant. Petitioner is languishing in judicial custody since 23.1.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran in connection with Muffasil P.S. Case No. 295 of 2022.

(Sunil Kumar Panwar, J) sushma/- U