Jamaluddin Miyan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Jamaluddin Miyan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: release on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Mothihari, East Champaran in connection with Harisidhi P.S. Case No. 589 of 2024.

Issue for consideration

Whether the petitioner, arraigned in Harisidhi P.S. Case No. 589 of 2024 for offences punishable under Sections 191(2), 126(2), 115(2), 118, 109, 352 and 351 of the B.N.S. 2023, should be granted regular bail.

Court's answer

On perusal of the F.I.R., there is a land dispute between the parties and all the allegations against the petitioner are general and omnibus; keeping these facts in view and considering the period under custody, the petitioner was held entitled to release on bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Mothihari, East Champaran, in connection with Harisidhi P.S. Case No. 589 of 2024.

Detailed headnote1 paragraphs

Bail allowed — Jamaluddin Miyan v. The State of Bihar (Patna High Court, Criminal Miscellaneous No.15307 of 2025, decided 11-04-2025, S. B. Pd. Singh, J): accused in custody since 19.12.2024 in Harisidhi P.S. Case No. 589 of 2024 registered for offences under Sections 191(2), 126(2), 115(2), 118, 109, 352 and 351 of the B.N.S. 2023. Court found, from perusal of the F.I.R., that there is a land dispute between the parties and the allegations against the petitioner are general and omnibus; noting an earlier cross-case (Harisidhi P.S. Case No. 514 of 2024) lodged by the informant's son, and considering the period under custody, the petitioner was released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Mothihari, East Champaran.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15307 of 2025

Arising Out of PS. Case No.-589 Year-2024 Thana- HARSIDHI District- East Champaran

======================================================

Jamaluddin Miyan S/O Abbas Miyan @ Ali Abbas Ressident of Vill.Ghiwadhar, P.S- Harsidhi, Dist- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prateek Tandon, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 11-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Harisidhi P.S. Case No. 589 of 2024 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118, 109, 352 and 351 of the B.N.S. 2023.

As per the prosecution story, the informant has alleged that when she was at her home, her grandson informed her that all the F.I.R. named accused persons were cultivating her land and when informant objected the same one Ibrahim Miyan assaulted her by means of lathi and petitioner along with other co-accused gave a bhala blow in the abdomen of both the sons of the informant. It is further alleged that accused persons also assaulted daughter in law of the informant and petitioner

Patna High Court CR. MISC. No.15307 of 2025(2) dt.11-04-2025 2/2

snatched Rs. 10,000/- and personal belongings of the informant.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.12.2024 who is innocent and has falsely been implicated in this case due to land dispute. From perusal of F.I.R. it is evident that there is land dispute between the parties and earlier, son of the informant has also lodged Harisidhi P.S. Case No. 514 of 2024 against the petitioner.

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

From perusal of F.I.R., it clearly transpires that there is land dispute between the parties and all the allegations against the petitioner is general and omnibus. Keeping in view the aforesaid facts, and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Mothihari, East Champaran in connection with Harisidhi P.S. Case No. 589 of 2024.

(S. B. Pd. Singh, J)

Ankit Kumar/-

U T