Imam Mian @ Imam Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35650 of 2025 Arising Out of PS. Case No.-628 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Imam Mian @ Imam Alam S/o Israfil Mian R/o Vill- Shekhauna Math, Chudiharwa Tola, P.S.- Bettiah (Muffasil), Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bettiah (Muffasil) P.S. Case No. 628/2021 dated 05.11.2021 registered for the offence punishable u/s 341, 323, 324, 307, 504 and 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was harvesting paddy in front of her house, her patidar Uyam Alam came to the field of the informant and started blocking the road. On objection made by the informant, he started abusing her. Thereafter, the petitioner and the co-accused persons came holding weapons, in the meantime, the petitioner assaulted on

Patna High Court CR. MISC. No.35650 of 2025(2) dt.16-06-2025 2/3 the head of the informant with iron dab causing head injury and the co-accused Nawab Miya assaulted on the right arm of the informant causing injury. Further, the co-accused Sabab Alam and Asrafil Miya assaulted the informant with lathi. When the informant's mother came to rescue, the co-accused persons, Tanveer Miya and Husna Khatoon caught hold of her hair and slammed her on the ground and assaulted her with leg and fists and they also snatched gold chain from her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that there is a lacerated wound on scalp (frontal area) of size (4 X 1cm). Learned counsel has submitted that no proper dimension of injury is mentioned in the injury report. There is no repetition of blow. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.35650 of 2025(2) dt.16-06-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S. Case No. 628/2021, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T