Sonu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37082 of 2020 Arising Out of PS. Case No.-8 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sonu Miyan Son Of Mustapha (wrongly Stated As Moujim Miyan In The Fir) Resident Of Village- Hata Mathiya @ Mathiya Hata, P.S. - Kuchaikote, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 332, 333, 353, 307, 427, 436 of the Indian Penal Code and 27 of the Arms Act. Allegation is regarding two co-villagers having been killed by the accused persons, namely, Wazir Ahmad and others, whereafter the police is stated to have not registered the F.I.R., whereupon a mob of about 250 persons had reached at the police station and thereafter, had engaged in brick batting and

Patna High Court CR. MISC. No.37082 of 2020(2) dt.22-07-2021 2/3 arson.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. Other coaccused persons have been granted anticipatory bail vide Annexures 2 to 5 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate VII, Gopalganj in connection with Kuchaikote P.S. case No.08 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.37082 of 2020(2) dt.22-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T