Farman Mian @ Farman Miyan @ Farman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48010 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== FARMAN MIAN @ FARMAN MIYAN @ FARMAN ANSARI S/o Late Alijan Miya @ Alijan Resident of Village- Tuniya, P.S.- Manuapul, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 413, 414 and 34 of the Indian Penal Code.

As per the prosecution case, on information having been received a raid was conducted. It is stated that while one accused person managed to escape, another accused namely, Vishal Chaudhary was caught. The apprehended accused disclosed the name of the accused who had managed to escape as the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.48010 of 2021(2) dt.10-02-2022 2/2 incriminating article has been recovered from his possession. The only material against him is the statement of a co-accused made before police. He is in custody since 14.12.2020 and charge sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State who submits that the petitioner is accused in as many as 14 cases from before.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Bairiya P.S. Case no. 288 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M III, Bettiah, West Champaran.

(Partha Sarthy, J) Prakash/- U