Manir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49493 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== MANIR MIAN, Male, aged about 55 years, Son of Late Rahman Mian, Resident of Village- Raghwachak, P.S.- Fatehpur, District- Gaya (Bihar). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gajendra Nath Ojha, Advocate.

For the Opposite Party :

Mr.Pancha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 24.06.2019 in a case for the offence registered under Sections 341, 323, 308, 504 and 379/34 of the IPC.

The prosecution story, in brief, is that on 09.06.2019 at 6.00 P.M. while the informant was returning to his village and he reached near the house of Sudama Chaudhary, in the meanwhile, all accused came there and abusing with filthy language to the informant. Co-accused Iftekhar Mian assaulted to the informant by Lathi upon which, he sustained head injury and the petitioner Manir Mian assaulted to the informant by Iron rod in the back portion of his head upon causing head injury and other co-accused person also assaulted to the informant by fists

Patna High Court CR. MISC. No.49493 of 2019(2) dt.07-08-2019 2/2 and slaps.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is alleged to have caused a single Iron blow. As per the injury report, the injury is said to have caused by sharp object. The allegation made in the F.I.R. does not corroborate with the injury report. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- Xth, Gaya, in connection with Fatehpur P.S. Case No. 43 of 2019.

(Sudhir Singh, J) U.K./- U T