Abdulahi Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41924 of 2023 Arising Out of PS. Case No.-490 Year-2022 Thana- EKMA District- Saran ====================================================== 1.

Abdulahi Miya Son Of Maharaja Miya Resident Of Village - Kanhauli, Manohar Tola, Kartaram, Police Station - Baniyapur, District - Saran 2.

Rahmudin Miya Son Of Salmudin Miya Resident Of Village - Kanhauli, Manohar Tola, Kartaram, Police Station - Baniyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the petitioners and coaccused persons are alleged to have committed the murder of Tabrej Alam under conspiracy.

Patna High Court CR. MISC. No.41924 of 2023(2) dt.28-07-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The F.I.R has been registered after two days of the occurrence without explaining the delay. The petitioners have no concern with co-accused Asraf Ali. The petitioners are languishing in custody since 19.12.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Moreover, other co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 20.07.2023 passed in Cr. Misc. No. 42905 of 2023.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

Patna High Court CR. MISC. No.41924 of 2023(2) dt.28-07-2023 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Saran in connection with Ekma P.S. Case No. 490 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T