Hakim Miya @ Hakim Ansari @ Hakim @ Hakim Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52833 of 2025 Arising Out of PS. Case No.-177 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== Hakim Miya @ Hakim Ansari @ Hakim @ Hakim Mian S/o Kamar Tali Miya Resident of Village- Sidhariya, P.S.- Kateya, District- Gopalganj at present resident of - Mandir Jangal Lauthana, District- Kushinagar (Uttar Pradesh).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar Srivastva, Advocate Mr. Gyan Prakash, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Kateya P.S. Case No. 177/2021, registered for the offence under Sections 386, 387, 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 05.04.2025.

4. The allegation against the petitioner is to commit murder of brother of the informant alongwith other co-accused persons.

5. Learned counsel appearing on behalf of the petitioner submitted that the allegation against petitioner is appearing very much general and omnibus in nature, where the informant is not

Patna High Court CR. MISC. No.52833 of 2025(2) dt.31-10-2025 2/3 the eye-witness of the occurrence. It is pointed out that the similarly situated co-accused persons have already granted bail by learned co-ordinate Benches of this Court through Cr. Misc. No. 19860 of 2022 dated 20.04.2022 and Cr. Misc. No. 24311 of 2022 dated 30.11.2022. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as the allegation against this petitioner is very much general and omnibus, where the informant is not the eyewitness of the occurrence, coupled with the fact that similarly situated co-accused persons have been granted bail by learned coordinate Benches of this Court, coupled with the fact that investigation of this case is already completed, where petitioner being a man of clean antecedent, remains in custody since 05.04.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Kateya P.S. Case No. 177/2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.52833 of 2025(2) dt.31-10-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate-VI, Gopalganj/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T