Shahnawaz Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17464 of 2020 Arising Out of PS. Case No.-227 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== SHAHNAWAZ MIYA Son of Ishlam Miyan Resident of Village - and P.O.- Bhagwanpur, P.S.- Bhagwanpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhouri Vipin Bihari Shrivastava For the Opposite Party/s :

Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 227 of 2019 for the offence punishable under Sections 326(A), 326(B) and 307 of the Indian Penal Code. The case of the prosecution in brief is that on 08.12.2019 at about 7:30 P.M. in the evening while the informant was at his home alongwith her family members and was going to sleep after having dinner and her husband had gone in the neighbourhood, suddenly one burka clad person had come in the courtyard of the house and thrown acid (tejab) on the informant resulting in

Patna High Court CR. MISC. No.17464 of 2020(4) dt.21-09-2020 2/2 grievous injuries being sustained by her.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that though the petitioner is an accused in three other cases but he has been falsely implicated in the said cases. Lastly, it is submitted that the petitioner is languishing in custody since 17.01.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties, considered the submissions made by the learned counsel for the parties and gone through the materials available in the case dairy form which the complicity of the petitioner is writ large and in fact the burka is stated to have been recovered from the vehicle owned by the petitioner and moreover he is having a bad criminal antecedent and in fact the informant has also received grievous injury, hence I do not find the present case to be a fit case for grant of bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T