Ful Mohammad Miyan @ Ful Mohammad Ansari @ Fultam Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75784 of 2025 Arising Out of PS. Case No.-6 Year-2020 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== Ful Mohammad Miyan @ Ful Mohammad Ansari @ Fultam Miyan Son of Sarfullah Miyan R/o Village - Budhwaha, P.S. - Chhauradano, Distirct - Motihari (East Champaran).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

Mr. Shubham Samrat, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 534 of 2024 arising out of Raxaul P.S. Case No. 06 of 2020 registered for the offences punishable under Sections 147, 148, 149, 307, 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. It is a case of commission of murder of informant's youger brother by shot fire.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is false, concocted and baseless. Petitioner has got no concern with the alleged occurrence in any manner. Learned counsel further submits that the informant - Manish Kumar, is not the eye witness of the alleged occurrence.

Patna High Court CR. MISC. No.75784 of 2025(3) dt.21-01-2026 2/2 There is no direct allegation against the petitioner nor any eye witness regarding his involvement. Other co-accused persons namely Vishambhar Sah and Manjan Sah have been granted bail by a Co-ordinate Bench of this Court vide order dated 16.09.2021 in Cr. Misc. No. 4546 of 2021. Petitioner is languishing in judicial custody since 13.06.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, West Champaran, Bettiah in connection with Raxaul P.S. Case No. 06 of 2020 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T