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Patna High CourtCR. MISC./37384/2025allowed

Md. Kamal Miya @ Md. Kamal Mian v. The State Of Bihar

2025-08-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37384 of 2025 Arising Out of PS. Case No.-590 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Md. Kamal Miya @ Md. Kamal Mian S/O Md. Jamal Miya @ Late Jamal Mian R/O Vill.- Sindani Belhari, P.s.- Belaganj, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Belaganj P.S. Case No.590 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1) and 303(2) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, the allegation against the petitioner is of assaulting the informant and causing him injuries on vital part as well as on the private part of the body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to business rivalry. Further submission is that the injury on the injured is simple in nature caused by hard and blunt substance which does not corroborate the allegation of the

Patna High Court CR. MISC. No.37384 of 2025(3) dt.13-08-2025 2/2 informant against the petitioner. The charge-sheet has already been submitted in this case and there is no chance of absconding of the petitioner or tampering with the evidence. It is submitted that petitioner has one criminal antecedent in which he is on bail. Petitioner is in custody since 16.10.2024 and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No.590 of 2024.

(Sunil Dutta Mishra, J) utkarsh/- U T