Allowed
Mehruddin Miyan v. the State of Bihar
Patna HCCR. MISC./42136/2022
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT PATNA CRIMINAL…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42136 of 2022
Arising Out of PS. Case No.-88 Year-2022 Thana- PANAPUR District- Saran
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nalin Kumar For the Opposite Party/s : Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER
4 03-01-2023 Learned counsel for the petitioners is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 341, 323, 325, 307, 448, 427, 380 and 504 read with 34 of the Indian Penal Code.
As per prosecution case, the petitoners were selling liquor near the clinic of the informant. When the informant
Patna High Court CR. MISC. No.42136 of 2022(4) dt.03-01-2023 2/3
objected, the petitioners entered the clinic of the informant and started abusing him and on the order of the petitioner Mehruddin Miyan, the petitioners Imteyaz Miyan and Rahumuddin Miyan armed with iron rod and country-made pistol started assaulting on the head, shoulder and hand of the informant's nephew causing injuries. When the informant tried to rescue, the co-accused person Izehar Miyan and the petitioner Sarfuddin Miyan assaulted him with lathi, daab and rod causing injuries on his head, shoulder and left hand. Then, The petitioners along with the co-accused and a few unknown miscreants damaged five computers and one C.C.T.V Camera and took away its set up box and four computers. They also assaulted the informant's nephew and one computer teacher.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to village politics. There is general and omnibus allegation against the petitioners. The injury of the injured is simple in nature. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
Considering the aforesaid facts and circumstances, let
Patna High Court CR. MISC. No.42136 of 2022(4) dt.03-01-2023 3/3
the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran, Chapra in connection with Panapur P.S. Case No. 88 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether the petitioners in a police case involving offences under sections 307, 448, 325 etc. IPC should be enlarged on bail.
Whether the balance sheet in the petition meets the requirement of Section 438(2) CrPC.
1 provisions across 1 enactments
MEHRUDDIN MIYAN AND OTHERS
THE STATE OF BIHAR
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court