Akbar Mian @ Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32301 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- MARHAURA District- Saran ====================================================== Akbar Mian @ Akbar Ali, S/o Rosadin Mian, R/o Village- Jodhauli Tola Bathana, P.S.- Marhowrah, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Prasad For the Opposite Party/s :

Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Marhowrah P.S.Case No. 82 of 2018 registered under Sections 307 and 302/34 of the Indian penal Code and 27 of the Arms Act.

Allegation in brief is that while the informant's husband was returning back after selling poultry chicken along with the petitioner were intercepted in the mid way by unknown miscreants and resorted to firing on them as a result her husband died and the petitioner also sustained firearm injury. Apprehension is raised against one Monu Mian, FIR named accused, who on account of land dispute, got the informant's husband eliminated.

Submission is that petitioner was coming along with the

Patna High Court Cr.Misc. No.32301 of 2018(3) dt.20-07-2018 2/2 deceased and shot by some unknown miscreants. Petitioner also sustained firearm injury in his hand and only because he is cousin father-in-law of Monu Mian, therefore, he has been falsely implicated in this case and the petitioner has no criminal antecedent.

Whereas learned counsel appearing on behalf of the informant opposes the prayer of bail and submits that petitioner, one of the conspirators, has also detained the informant's husband in the market and started for the home after sun set. However, having considered the entire facts and circumstances and the materials on record, the petitioner, namely , Akbar Mian @ Akbar Ali is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Dr. Rajesh Singh, J.M. 1st Class, Saran at Chapra in connection with Marhowrah P.S. Case No. 82 of 2018.

(Arun Kumar, J) sujit/- U T