Mustaquim Miyan @ Md. Mustaquim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61087 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

MUSTAQUIM MIYAN @ MD. MUSTAQUIM Son of Md. Ako Miyan @ Md. Yacub Resident of Village - Sihpur, P.S.- Kumarkhand, Distt - Madhepura.

2.

Mohan Miyan @ Mohan @ Md. Intaz Son of Md. Ako Miyan @ Md. Yacub Resident of Village - Sihpur, P.S.- Kumarkhand, Distt - Madhepura. 3.

Mukhtaz Miyan @ Md. Muktaz Son of Ako Miyan @ Md. Yacub Resident of Village - Sihpur, P.S.- Kumarkhand, Distt - Madhepura. 4.

Mokim Miyan Son of Md. Sahim Miyan Resident of Village - Sihpur, P.S.- Kumarkhand, Distt - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354(A), 379, 504 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant was constructing a cattle shed on his land, the accused persons, variously armed, came and assaulted the informant and family members due to which he sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.61087 of 2019(3) dt.04-12-2019 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura in connection with Kumarkhand P.S. Case No. 43 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T