Allauddin Miyan @ Allauddin Ansari v. The State of Bihar
CR. MISC./80219/2024 · 2025-01-24
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81897 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81897 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80219 of 2024 Arising Out of PS. Case No.-905 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Allauddin Miyan @ Allauddin Ansari S/o Mohamddin Mian @ Mahmaddin Miya R/o Village- Belbaniya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.Amitesh Kumar, A.P.P. Mr. Dhananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 24-01-2025 Heard learned counsel for the petitioner and the State. 2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 148, 341, 323, 302, 307/34 of the Indian Penal Code. 3. As per prosecution case, some days before a quarrel took place between the children of the informant and his neighbourer Mohamdeen Mian, which was pacified in Panchayati. It is further alleged that on 17.11.2023 at about 04:00 PM said Mohamdeen Mian came to his door with his men and started abusing the informant and on protest by informant, ca-accused persons Mahamdeen Mian, Sallauddin Mian, Allauddin Mian(Petitioner), Dheri Mian, Safurdeen Mian, Sukat Mian, Mobina Khatoon, Rahjannat Khatoon, Hasan Tara Khatoon came having weapons in hands and started committing
Patna High Court CR. MISC. No.80219 of 2024(2) dt.24-01-2025 2/3
"Marpit" with the petitioner. It is further stated that when wife of the informant namely Rasulbani Khatoon came to rescue him, then accused persons namely Mahamdeen Mian, Sallauddin Mian assaulted on her head by means of Iron Rod with intention to kill and they also assaulted her badly, due to which, she fell on the ground. It is alleged that when informant’s elder brother- in-law came in rescue, the petitioner and co-accused Sarfuddin Mian assaulted him with iron rod. Informant’s wife died during treatment. 4. Learned counsel appearing for the petitioner submits that simple marpit took place between the parties on the trivial issue of quarrel between the children of both sides. Petitioner and other co-accused are alleged to have assaulted elder brother-in-law of the informant and there is no injury report with respect to him. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 23.8.2024. 5. Learned counsel for the State and the informant oppose the prayer for bail. 6.
Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.80219 of 2024(2) dt.24-01-2025 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Shikarpur Police Station Case No. 905/2023. Shashi (Prabhat Kumar Singh, J) U T