Ainul Miyan @ Gobindjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1544 of 2025 Arising Out of PS. Case No.-31 Year-2007 Thana- KUTUMBA District- Aurangabad ====================================================== Ainul Miyan @ Gobindjee, Son of Late Basiruddin Khan @ Basruddin Miyan, Resident of Village - Gamhariya Ram Nagar Tola Suryapura, P.O. and P.S. - Tandwa, District - Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Kutumba P.S. Case No.31 of 2007 registered for the offences punishable under Sections 147, 148, 149, 323, 325, 452, 341, 379, 506, 302, 504 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act.

3. The accused/petitioner is not named in the FIR and is in custody since 13.05.2024.

4. Allegation against the petitioner is to commit murder of informant Naresh Mahto along with other named and unknown co-accused persons.

5. It is submitted by learned counsel that

Patna High Court CR. MISC. No.1544 of 2025(5) dt.22-07-2025 2/3 admittedly the occurrence took place in the background of land dispute, as same can be gathered from the face of FIR itself. It is submitted by learned counsel that during course of investigation, out of suspicion, the name of petitioner was involved in this case, where the informant/injured, who subsequently succumbed to his injuries, failed to name petitioner, despite of the fact that he named eight accused persons. It is submitted that the name of petitioner involved in present case only for the reason that he was found involved in ten more criminal cases, where he is on bail. It is further submitted that one of the co-accused namely, Umesh Mahto, who was also not named in the FIR was granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.18242 of 2008 on 07.11.2008. Petitioner claimed parity.

6. Learned APP opposed the prayer for grant of bail to the petitioner. However, he could not disputed the factual submissions as made above by learned counsel appearing for the petitioner.

7. Considering the aforesaid factual submissions

Patna High Court CR. MISC. No.1544 of 2025(5) dt.22-07-2025 3/3 and by taking note of fact as petitioner is not named in the FIR, where similarly situated co-accused person was granted bail by one of the learned co-ordinate Bench of this Court, as discussed aforesaid, coupled with the fact that petitioner is in custody since 13.05.2024, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond 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-VII, Aurangabad, Bihar in connection with Kutumba P.S. Case No.31 of 2007, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T