Munna Sai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29221 of 2017 Arising Out of PS.Case No. -33 Year- 2011 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Munna Sai, Son of Late Sainullah Sai, Resident of Mehnaul Kala, P.S. - Matiyaria, District - West Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate.
For the Opposite Party : Mr. Ramchandra Sahani, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard both sides.
The petitioner seeks bail in Matiyaria P.S. Case No. 33 of 2011 registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant lodged the case against unknown alleging therein that two persons came on a Rajdoot motorcycle, they were armed with firearms and their faces were covered. It is alleged that the accused persons opened firing causing injury to him.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The informant after two days of the occurrence filed a petition that his son Tauqueer Alam and
Patna High Court Cr.Misc. No.29221 of 2017 (2) dt.04-07-2017 2/2 brother-in-law of his son had come on a motorcycle and opened firing and the petitioner was spying about the activity of the son of the informant. It is further submitted that Tauqueer Alam, son of the informant, has already been granted bail vide order dated 21.01.2016 passed in Cr. Misc. No. 1832 of 2016. The police found the case false against brother-in-law of the son of the informant who is alleged to have fired. The petitioner is in jail since 13.04.2017 but no specific allegation of assault is made against the petitioner.
Considering the facts aforesaid the petitioner above named 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in Matiyaria P.S. Case No. 33 of 2011. (Prabhat Kumar Jha, J.) KKSINHA/- U T