Patna High CourtCR. MISC./48146/2016bail granted

Kayamuddin Miya v. The State Of Bihar

2016-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48146 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -JANTA BAZAR District- SARAN ====================================================== Kayamuddin Miya son of Bhikhu Miya resident of Hospital Road Siwan, P.S.- Siwan Town, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 353/307/414 of the Indian Penal Code and Section 27 of the Arms Act.

When the police chased the petitioner on suspicion the petitioner started fleeing. However, he fell down. Allegation is that the petitioner took out and fired at the police party, however, no injury was caused to anyone; rather petitioner sustained injury and was arrested with the fire-arm and cartridge. Submission of the petitioner is that petitioner is in custody since 18.04.2015 and the petitioner has falsely been implicated due to atrocity of the police, which would be evident

Patna High Court Cr.Misc. No.48146 of 2016 (2) dt.20-12-2016 2/2 from the case-diary that several cases were lodged against the petitioner in the same police station as mentioned in para-3 of the bail petition.

Considering the fact especially the period already undergone by the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra/Successor Court, in connection with Janta Bazar P.S. Case No. 26 of 2015. (Birendra Kumar, J) Mkr./- U T