Patna High CourtCR. MISC./26284/2017rejected

Mansoor Master @ Md. Mansoor Alam v. The State Of Bihar

2017-07-06Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26284 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -TARABARI District- ARRARIA ======================================================

1. MANSOOR MASTER @ MD. MANSOOR ALAM age about 50 Years, Son of of Late Hafijuddin @ Hafij, Resident of Village- Balbat, P.S.- Tarabari, District- Araria, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 22.03.2017 in connection with Tarabari P.S. Case No. 65/16, G.R. No. 2375/16 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that he went at the residence of the petitioner to repair his motorcycle. After repairing the motorcycle, informant demanded his labour charge. On this, all the accused persons started assaulting him with fists and slaps. While the informant tried to flee away, petitioner opened fire indiscriminately with his pistol,

Patna High Court Cr.Misc. No.26284 of 2017 (2) dt.06-07-2017 2/2 as a result the informant sustained fire-arm injury in his back and he fell down on the ground.

It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the aforesaid case and there is lot of contradictions in factual story of the First Information Report.

However, learned APP for the State submits that the petitioner is the main assailant, who fired and the injury is on the back, which has been opined to be grievous in nature, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, I am not inclined to enlarge the petitioner on bail at this stage in connection with Tarabari P.S. Case No. 65/16, G.R. No. 2375/16, pending in the court of learned ACJM-V, Araria.

Application is, accordingly, rejected.

(Nilu Agrawal, J) Rajesh/- U T