Jumman Miya @ Md. Jumman Mian @ Kankatwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13342 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Jumman Miya @ Md. Jumman Mian @ Kankatwa, Male, aged about 26 years, Son of Aklu Mian, Resident of Village - Sarmaspur, P.S.- Kanti, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2020 Heard the parties through the virtual court proceeding.

The petitioner seeks bail in connection with Kanti P.S. Case No. 91 of 2019 registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story as alleged in the First Information Report, in brief, is that the informant Ravindra Kumar Singh submitted his typed written report before the Station Head Officer of Kanti Police Station alleging therein that in the night of 07.02.2019 for t he shift of 21.00 O'clock to 5.00 O'clock Force No.170110635 Guard / G.D. Rafijajul S.K. was deputed on Watch Tower -04. At about 23.00 O'clock, the

Patna High Court CR. MISC. No.13342 of 2020(4) dt.29-06-2020 2/3 Guard deputed on Tower No.4 had seen some suspicious activities in between Watch Tower No.4 and Watch Tower No.3 then the said guard went there and saw that there were 3-4 antisocial elements on the boundary wall whereas 1 anti-social elements was trying to cross the boundary wall. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was going to visit Dr. Shabnam at Bhagwanpur with his wife Nuraisha Khatoon for treatment and they were awaiting bus and at that very time the police arrested him and he is in custody since 13.09.2019. He further submits that the F.I.R. is against unknown person but no T.I.P. was conducted and the petitioner is rotting in jail without any rhyme and reason.

Learned A.P.P. for the State has opposed the prayer for bail.

After having gone through rival submissions, I perused the case record and the L.C.R. In this case, co-accused Kamrudin @ Makra has also been chargesheeted vide Charge Sheet No.203 of 2019 and against this petitioner supplementary Charge Sheet No.3 of 2020 dated 07.01.2020 for the offences under Sections 397, 307 I.P.C. and 27 Arms Act has been filed.

Patna High Court CR. MISC. No.13342 of 2020(4) dt.29-06-2020 3/3 I perused the case record including the case diary. I am not inclined to enlarge the petitioner on bail and accordingly, his prayer for bail is rejected at present in connection with Kanti P.S. Case No.91 of 2019. However, petitioner is directed to renew his prayer for bail after framing of charge. (Anjani Kumar Sharan, J) Nasimul/- U T