Patna High CourtCR. MISC./10038/2021rejected

Saddam Miya v. The State Of Bihar

2022-04-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10038 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

SADDAM MIYA Son of Tafazul Miya Resident of Village-Gorsoti, P.S.- Chandramandi, District-Jamui 2.

Nasrul Miya Son of Tafazul Miya Resident of Village-Gorsoti, P.S.- Chandramandi, District-Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ADVOCATE GENERAL BIHAR PATNA PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-04-2022 Heard learned counsels for the petitioners and the State.

Petitioner apprehends bail in connection with Chandramandi P.S. Case No. 20 of 2020 registered for the offence punishable under sections 341, 323, 324, 307/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners have not committed any offence as alleged in the first information report and they have been falsely implicated in this case due to admitted land dispute. Petitioners and the informant are full brothers. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.10038 of 2021(5) dt.11-04-2022 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioners are named accused in the first information report and there is allegation of assault against them which is supported by the injury report. Petitioners, therefore, do not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T