Mumtaz Miyan @ Mumtaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21951 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Mumtaz Miyan @ Mumtaz Alam Son of Late Jabbar Miyan Resident of Village - Telpur, P.s.- Lauriya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 341, 342, 323, 324, 307, 447, 504, 506/34 of Indian Penal Code. Allegation is that the accused persons assaulted the informant and his brother by means of knife, due to which they sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. The father of the petitioner has been murdered to death, for which F.I.R. was instituted. In the present F.I.R., the prosecution has

Patna High Court CR. MISC. No.21951 of 2019(2) dt.11-04-2019 2/2 not explained the death of the father of the petitioner. The prosecution has not come with clean hands.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, West Champaran at Bettiah in connection with Lauriya P.S. case No.129 of 2018. (Sudhir Singh, J) Narendra/- U T