Md. Raja v. The State Of Bihar

Patna High Court Cr.Misc. No.7413 of 2016 (4) dt.11-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7413 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -PIRBAHOR District- PATNA ====================================================== Md. Raja, Son of Md. Jahangir, Resident of Village / Mohalla - Sabjibagh Darji Tola, P.S. - Pirbahore, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Dular Sah, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Pirbahore P.S. Case No. 128/15 for offence alleged under Section 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that on 10.06.2015 at about 10.30 P.M. when he was standing at his door two unknown persons came having a bag, one of them fired upon him and he sustained injury on his back. Informant caught one Masrur Alam @ Masrum Alam on spot. It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal antecedent, as

Patna High Court Cr.Misc. No.7413 of 2016 (4) dt.11-05-2016 is evident from paragraph 3 of this application and because he was an accomplice to the other co-accused Md. Masrum Alam @ Masrur Alam he has been implicated in the aforesaid case. He further submits that on the confessional statement of the coaccused his name has surfaced. From the confessional statement of the coaccused (paragraph 5 of the case diary), it is evident that the petitioner was a neighbour of the informant and an accomplice of the co-accused, who had accompanied the co-accused and identified the petitioner. The witnesses in paragraph 6 and 14 of the case diary have also supported the case of the prosecution. From the case diary, it appears that the informant identified the petitioner and was an accomplice to the other co-accused. Under such circumstances, prayer for anticipatory bail made on behalf of the petitioner in connection with Pirbahore P.S. Case No. 128/15, pending in the court of learned Chief Judicial Magistrate, Patna is rejected. (Nilu Agrawal, J.) Rajesh/- U T