Akbar Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25480 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- CHOUTARWA District- West Champaran ====================================================== AKBAR MIYAN Son of Idarish Miyan Resident of village - Nawgawa, P.S.- Bathawariya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 379 and 325 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 13.02.2022 at 2:30 PM, when he had gone to see his field, when ten accused persons, including the petitioner, came variously armed and started assaulting him, it is next alleged that Indris Miyan and petitioner assaulted informant with a sharp 'bakua' causing

Patna High Court CR. MISC. No.25480 of 2022(2) dt.14-11-2022 2/3 injury on head, further the petitioner also threatened that he will shoot him and Shabnam Khatoon took Rs. 2,000/- from his pocket.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, on account of dispute relating to land, it is next submitted that allegation of assault on head by sharp-edge 'bakua', is against this petitioner and Indris Miyan, but from perusal of the injury report, it would manifest that the wound is lacerated and caused by hard and blunt substance, it is next submitted that even the injury on head is simple and the injury on arm is said to be grievous which is non-vital part of the body.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like

Patna High Court CR. MISC. No.25480 of 2022(2) dt.14-11-2022 3/3 amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Choutarwa (Bathwariya) P.S. Case No. 69 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T