Md. Iliyas Miya @ Iliyas Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1700 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

Md. Iliyas Miya @ Iliyas Miyan Son of Late Md. Akbar Miyan @ Late Md. Akbar Miyan @ Akbar Miyan R/v Rajakpur, P.S. Muffasil, District Begusarai.

2.

Jahana Khatoon @ Jahana Begum Wife of Haidar Miyan @ Md. Haidar Ali R/v- Rajakpur, P.S.- Muffasil, District- Begusarai. 3.

Aashoda Bibi @ Yasodha Khatoon @ Yasodha Bibi Wife of Md. Iliyas Miya @ Iliyas Miyan R/v- Rajakpur, P.S.- Muffasil, District- Begusarai. 4.

Md. Janif Miya @ Md. Janif Son of Late Md. Akbar Miyan @ Late Md. Akbar Miyan @ Akbar Miyan R/v Rajakpur, P.S. Muffasil, District Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2023 Heard both sides.

Petitioners apprehend their arrest in connection with Nowkothi P.S. Case No.143 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioners is that they alongwith others armed with sword, knife, lathi-danda

Patna High Court CR. MISC. No.1700 of 2023(2) dt.08-02-2023 2/3 came at the house of the informant. Co-accused, Haidar Miyan assaulted the informant's son, Farid with sword causing injury on his hand and neck. When the informant's another son, Firoz went to save him, then he was also assaulted and he got injury on his hand and head. When the informant went to save her son, then she was also assaulted and she got cut injury in her finger. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the instant case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petitions. It is further submitted that there is general and omnibus allegation against the petitioners. The specific allegation is against co-accused, Md.

Haidar who assaulted Farid and Firoz. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Considering the fact that allegation against the petitioners is general and omnibus, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.1700 of 2023(2) dt.08-02-2023 3/3 in connection with Nowkothi P.S. Case No.143 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T