Niyamuddin Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35760 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- BHELDI District- Saran ====================================================== 1.

NIYAMUDDIN MIYA S/o Faridan Miya Resident of Village- Pachurukhi, P.S.- Bheldi, District- Saran at Chapra.

2.

WAKIL MIYA Son of Niyamuddin Miya Resident of Village- Pachurukhi, P.S.- Bheldi, District- Saran at Chapra.

3.

JAMANDAR ALI S/o Niyamuddin Miya Resident of Village- Pachurukhi, P.S.- Bheldi, District- Saran at Chapra.

4.

ANAVAR MIYA S/o Late Shobrati Miyan Resident of Village- Pachurukhi, P.S.- Bheldi, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, on 17.06.2020 at 8 PM all the FIR named accused persons, including these petitioners, came to the house of informant, abused and assaulted with Lathi, Farsa, sword and iron rod as a result of which four persons, including husband of informant, sustained injuries. Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.35760 of 2021(3) dt.20-07-2022 2/2 that there is general and omnibus allegation against these petitioners. There is case and counter case and case lodged by the petitioners' side is earlier in point of time. There is delay of five days in lodging the present case. The injuries are reported to be simple in nature. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Saran at Chapra in connection with Bheldi PS case No. 114/2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T