Rustam Miya Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Rustam Miya Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail upon arrest or surrender before the learned Court below within six weeks, on bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the Court where Muffasil P.S. Case No.552 of 2023 is pending, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the nine petitioners, who apprehend arrest in connection with PS Case No.552 of 2023 (offences under Sections 147, 341, 323, 324, 307, 420, 385, 327, 379, 504 & 506 of the Indian Penal Code), should be granted anticipatory bail.

Court's answer

Having regard to the facts and circumstances of the case, the above-named petitioners are directed to be released on bail, in the event of their arrest or surrender before the Court below within six weeks, on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted to nine petitioners - Rustam Miya, Abdullah Miya, Meraj Alam, Idris Miya, Majid Miya @ Abdul Majid, Hussain Miya, Kalam Miya, Hussain Miya @ Husnain Miyan and Nek Mohammad Miya - apprehending arrest in connection with Muffasil (Motihari Mufassil) P.S. Case No.552 of 2023, East Champaran, registered for offences under Sections 147, 341, 323, 324, 307, 420, 385, 327, 379, 504 & 506 of the Indian Penal Code. Alleged assault on the informant and Kameshwar Sah was characterised by counsel as a free fight arising from an admitted land dispute, with the informant's injury simple and not on a vital part, and petitioners stated to have no criminal antecedent; the APP for the State opposed the prayer for bail. Petitioners to surrender or face arrest within six weeks and furnish bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. provisions. (Anjani Kumar Sharan, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16461 of 2024

Arising Out of PS. Case No.-552 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran

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Rustam Miya S/o Late Gudar Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.- East Champaran

Abdullah Miya S/o Late Sanaullah Miya R/o Village- Karmaula, P.S.Lakhaura, Dist.- East Champaran

Meraj Alam S/o Chand Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.East Champaran

Idris Miya S/o Farman Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.East Champaran

Majid Miya @ Abdul Majid S/o Late Rahman Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.- East Champaran

Hussain Miya S/o Masuri Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.- East Champaran

Kalam Miya S/o Late Farman Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.- East Champaran

Hussain Miya @ Husnain Miyan S/o Late Gudar Miya R/o VillageKarmaula, P.S.- Lakhaura, Dist.- East Champaran

Nek Mohammad Miya S/o Late Neem Miya @ Late Neem Miya R/o Village- Karmaula, P.S.- Lakhaura, Dist.- East Champaran

... ... Petitioners.

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2 14-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 420, 385, 327, 379, 504 & 506 of the Indian Penal Code.

The petitioners are said to have assaulted the informant and Kameshwar Sah with slap, fist and chapar, farsa etc.

Patna High Court CR. MISC. No.16461 of 2024(2) dt.14-03-2024 2/2

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that there is admitted land dispute between the parties and on account of that on the alleged date of occurrence there was free fight between the parties and as a result of which both sides received some minor injury. The injury sustained by the informant is simple in nature and not on vital part. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Muffasil P.S. Case No.552 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

Trivedi/- U T