Abdulah Miyan @ Abdullah Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51058 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.

ABDULAH MIYAN @ ABDULLAH MIAN Son of Budhai Miyan Resident of Village - Sahadewa, P.S.- Raxaul, Distt.- East Champaran at Motihari. 2.

HASBUL HAWARI @ HASBUL MIYAN Son of Abdullah Miyan @ Abdullah Mian Resident of Village - Sahadewa, P.S.- Raxaul, Distt.- East Champaran at Motihari.

3.

JASMUDIN HAWARI @ JASMUDDIN MIYAN Son of Imran Hawari @ Imran Miyan Resident of Village - Sahadewa, P.S.- Raxaul, Distt.- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

It is submitted on behalf of petitioners that as per F.I.R. itself, petitioner no. 1 is order-giver and there is no specific allegation of assault or overt act against petitioner no. 2 & 3. Specific accusation of assault is against other co-accused persons. It is further submitted that due to land dispute between the parties, petitioners have been falsely implicated in this case. Petitioners have got clean antecedent.

Patna High Court CR. MISC. No.51058 of 2022(2) dt.19-12-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Raxaul P.S. Case No. 24 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T