Mahvil Miya @ Mohabil Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48311 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

MAHVIL MIYA @ MOHABIL MIYAN S/o LATE MAHDIN MIYA R/o VILLAGE-SENDUARI GAJ SINGH, P.S-MOTIPUR, DISTRICTMUZAFFARPUR. 2.

SAHVIL MIYA S/o LATE MAHDIN MIYA R/o VILLAGE-SENDUARI GAJ SINGH, P.S-MOTIPUR, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 & 504/34 of the Indian Penal Code. All the accused persons named in the F.I.R. including these petitioners are said to have encircled the

Patna High Court CR. MISC. No.48311 of 2021(2) dt.25-04-2022 2/2 informant and petitioner no.1 ordered to kill him then Saukat Ali assaulted him with iron rod sustaining injury in his hand. Petitioner no.2 bite the informant with teeth on his hand. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, petitioners and informant are full brothers and on a trivial issue the aforesaid occurrence took place. The injuries sustained by the informant is simple in nature. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Motipur P.S. Case No.14 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.