Sagir Miya @ Sagir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26520 of 2022 Arising Out of PS. Case No.-1 Year-2015 Thana- KANGLI District- West Champaran ====================================================== SAGIR MIYA @ SAGIR MIAN S/o Late Nasib Miya R/o village Sabaithawa, P.S. - Kangali, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 332, 333, 353, 307 of the Indian Penal Code.

Allegedly, the petitioner along with other accused persons carrying weapons with themselves entered into a school campus and a scuffle took place between the accused persons and the police personnel.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.26520 of 2022(2) dt.01-09-2022 2/2 the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Similarly situated co-accused persons have been granted bail by a co-ordinate bench of this court vide order dated 31.03.2022 in Cr. Misc. No. 34532 of 2021. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since similarly situated co-accused persons have been granted bail, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Kangali P.S. Case No.01 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T