Salamuddin Miyan @ Salamuddin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53479 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Salamuddin Miyan @ Salamuddin Alam Son Of Sher Mohamad Miyan @ Sher Mohammad Alam Machchhargavan, R/o Village- Hardiya (Ward No.5), P.s. Govindgannj, (Areraj O.P.), Dist- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 1478, 341, 323, 307, 327, 504, 506 of the Indian Penal Code.

3. According to prosecution case, when the informant went o see his filed and saw that all the accused persons including the petitioner had constructing roof in side land of the informant. When the informant opposed, the petitioner assaulted upon the head of the informant by means of farsa due to which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is

Patna High Court CR. MISC. No.53479 of 2023(3) dt.31-10-2023 2/2 dispute between the parties regarding construction of roof due to which this petitioner has falsely been implicated in this case. It is also submitted that no injury report is brought on record to support the allegation of assault against the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 17.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Govindganj (Areraj O.P.) P.S. Case No. 09 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional chief Judicial Magistrate-1st, Motihari, East Champaran.

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