Munna Khan @ Jamiruddin Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11404 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- PIRO District- Bhojpur ====================================================== Munna Khan @ Jamiruddin Khan S/o Mastan Khan @ Samsuddin Resident of Milke, P.S.- Piro, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Piro P.S. Case No. 209 of 2019 G.R. No. 3452 of 2019, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code and section 27 of the Arms Act. Prosecution case in brief is that on 28.07.2019 at 10.30 am when the informant was at his Kirana shop, all the accused persons including this petitioner variously armed came there and this petitioner is alleged to have fired upon the brother
Patna High Court CR. MISC. No.11404 of 2020(2) dt.24-06-2020 2/3 of informant with country made pistol and other two co-accused are alleged to have assaulted the brother of informant with Tangi and Rami. When the informant came to save his brother, all the accused persons are alleged to have assaulted the informant with lathi and danda. Co-accused Alim Khan and Mastan Khan are alleged to have taken Rs. 5000/- from the cash box of informant.
It is submitted that petitioner has been falsely implicated in this case due enmity. Petitioner is innocent and no such incident has ever been took place. There is land dispute between the parties. Moreover, there is no firearm injury on the person of informant's brother. Petitioner has got clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief Judicial Magistrate Ist, Ara in connection with Piro P.S. Case No. 209 of 2019 G.R. No. 3452 of 2019, subject to the conditions as laid
Patna High Court CR. MISC. No.11404 of 2020(2) dt.24-06-2020 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T