Md. Mister @ Abu Talib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15651 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- JALALGARH District- Purnia ====================================================== 1.

MD. MISTER @ ABU TALIB S/O MD. KALIM VILLAGE- BEGUMPUR, PS. KASBA, DIST. PURNIA.

2.

MD. RAZZAK @ AFZAL S/O AINUL HAQUE VILLAGE- WARD NO. 7 BOCHGAON, PS. KASBA, DIST. PURNIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Singh, Advocate For the Opposite Party/s :

Md. Fahimuddin, A.P.P.

For the Informant :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 379, 427, 504, 506/34 of the Indian Penal Code.

3. As per the F.I.R., these petitioners are alleged to have fired as a result of which son of the informant sustained fire arms injury.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. From bare perusal of the it is apparent that informant is not an eye witness of the occurrence. Though petitioners are alleged to have fired

Patna High Court CR. MISC. No.15651 of 2024(2) dt.14-03-2024 2/2 from pistol but no fire arms injury has been found by the Doctor. As per the injury report, injuries sustained by the injured is simple in nature, caused by hard and blunt substance. Petitioners claim clean antecedent.

5. Learned counsel for the informant vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in connection with Jalalgarh P. S. Case No. 47 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T