Bhikhari Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72097 of 2024 Arising Out of PS. Case No.-239 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Bhikhari Miyan S/o- Late Ismayil Miyan Village- Bairiya W.No-8, PsBairiya Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 118, 109, 126 and 3(5) of the Bharatiya Nyaya Sanhita.
3. According to the prosecution story, when Chandan Kumar was stabbed by knife by Nazir Miyan, it is alleged that the petitioner along with others was in conspiracy and that he is the order giver and only overt act lodged against him is that he along with others knocked the son of the informant down.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is
Patna High Court CR. MISC. No.72097 of 2024(2) dt.05-10-2024 2/2 languishing in judicial custody since 09.08.2024.
5. The learned APP for the State opposes the regular bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Bettiah in connection with Bairiya P.S. Case No. 239 of 2024.
7. The application stands allowed.
(Ashok Kumar Pandey, J) Sudhanshu/- U T