Md Naim Miyan @ Naim Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35573 of 2020 Arising Out of PS. Case No.-29 Year-2018 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== Md Naim Miyan @ Naim Miya Aged about 42 years son of late Amin Miya Resident of Village- Dharhara, Ara, P.S.- Ara (Town), District- Bhojpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravindra Kumar, Advocate For the Opposite Party :
Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Ara Rail Police Station Case No. 29 of 2018/ Sessions Trial No. 103/2019 registered for the offences punishable under sections 302/120b/34 of the Indian Penal Code.
As per the prosecution case, husband of the informant along with Botal Bind went on motorcycle with co-accused Asalam in the evening at about 5.30 pm to take tea at Ara Railway Station Premises. Later on, dewar of the informant informed her that somebody caused fire arm injury to his brother, who was taken to Sadar Hospital, Ara. Thereafter, she came to the Sadar Hospital and found her husband and Botal Bind lying dead.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.35573 of 2020(4) dt.08-02-2021 2/2 name of petitioner has come in the case on the basis of confessional statement of co-accused Md. Aslam and there is no other material to indicate his complicity in the aforesaid crime. Test Identification Parade has not been carried out till date. Petitioner is in custody since 25.7.2019.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner has got criminal antecedent as he is accused in as many as nine cases, to which, learned counsel for the petitioner submits that the petitioner has already been acquitted in three cases.
In view of the nature of allegation against the petitioner as well as his criminal antecedent, prayer for bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Shashi U T