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2025 DAILYLAW 62069 (PAT)

Sultan Miyan v. The State of Bihar

CR. MISC./50341/2025 · 2025-10-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50341 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Sultan Miyan Son of Late Ali Hassan Miyan Village- Rakahi PS- Srinagar Dist West- Champaran Presently Residing at Pipra, kachchari Tola, Ps- Jogapatti, Dist- West champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aditya Nath Jha For the Opposite Party/s : Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence under Sections of the Bhartiya Nyaya Sanhita, 2023. 3. The informant Most. Madina has alleged that on 11.04.2025, when her father-in-law Aziz Miyan went to his field for harvesting, he saw that six goats of accused Sultan Miyan (petitioner) were grazing in their field and when Aziz Miyan was taking the said six goats in "TADH', meanwhile petitioner and his sons Sabir Ansari & Sukat Ansari came there and killed Aziz Miyan and threw his dead body in grain field. The alleged incident took place on 11.04.2024, dead body of Aziz Miyan Patna High Court CR. MISC. No.50341 of 2025(3) dt.09-10-2025 2/3 was buried on the same day, but later on, on 13.04.2024 the informant came to know that Aziz Miyan has been murdered by the petitioner and his two sons. Hence, an application was submitted to police for registration of F.I.R. 4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that informant is not eye-witness to the occurrence. In the F.I.R., the informant has not disclosed the source of information. Only suspicion has been raised against petitioner and his two sons. In the post- mortem report, no external injury has been found on the body of deceased, which itself falsifies the prosecution case. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State has opposed the bail petition. 6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Srinagar P.S. Case No. 95 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Patna High Court CR. MISC. No.50341 of 2025(3) dt.09-10-2025 3/3 Suraksha Sanhita, 2023. anay (Prabhat Kumar Singh, J) U T