Israyal Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.544 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== Israyal Miya S/o- Kalamuddin Miya R/o village- Bakhrour PS-Sidhwalia District- Goplganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Danish Quamar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sidhwalia Police Station Case No. 120 of 2024, dated 28.04.2024, disclosing offences punishable under Sections 447/448/341/342/323/324/325/307/354-B/379/ 504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 27.04.2024, at about 8 PM, the petitioner, along with other co-accused persons, entered into the house of the informant, started abusing and when objected, they started assaulting the informant inside her house and the

Patna High Court CR. MISC. No.544 of 2025(2) dt.11-02-2025 2/3 petitioner assaulted with sharp cutting weapon, due to which the informant sustained injury on her head.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case, due to previous enmity and due to village politics and land dispute. The injury caused to the informant is simple in nature, as opined by the doctor.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-villagers having previous enmity and the injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Gopalganj, in connection with Sidhwalia Police Station Case No. 120 of 2024, subject to the condition laid down under Section

Patna High Court CR. MISC. No.544 of 2025(2) dt.11-02-2025 3/3 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √