Patna High CourtCR. MISC./61341/2024bail granted

Niyaz Mian @ Niyaz Alam v. The State Of Bihar

2024-10-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61341 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- PALANWA District- East Champaran ====================================================== Niyaz Mian @ Niyaz Alam Son of Islam Miya Resident of Village - Belwam P.S. - Palanawa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP For the informant : Mr. Dhananjay Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Palanwa P.S. Case no. 20 of 2024 registered under sections 307, 341, 326, 323, 447 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons named in the FIR burnt his brother by using heated iron rod.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in the statement of the victim recorded in course of the investigation. He has been falsely implicated in the case. He is in custody since 30.4.2024 and charge has been framed in the

Patna High Court CR. MISC. No.61341 of 2024(03) dt.28-10-2024 2/2 learned trial Court. He undertakes to cooperate in the trial.

5. The application is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against the petitioner and others of having burnt the victim resulting in grievous injury which led to amputation of his left forearm.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the name of the petitioner transpired in course of investigation, the petitioner having remained in custody since 30.4.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Palanwa P.S. Case no. 20 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, East Champaran.

(Partha Sarthy, J) Bibhash/- U T