Md. Gulab Alam @ Chhotan Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30747 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Md. Gulab Alam @ Chhotan Alam Son of Rauf Miya Resident of Village and P.S.- Kuchaikote, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra Mishra For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Kuchaikote P.S. Case No. 01 of 2021, registered for the offence punishable under Section 307 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, on the alleged date and time of occurrence, while the informant was sleeping in her room, this petitioner shot father-in-law of the informant and was seen fleeing away from the place of occurrence. It is alleged that due to land dispute the alleged occurrence took place. It is submitted on behalf of the petitioner that father of petitioner and father-in-law of the informant are full brothers
Patna High Court CR. MISC. No.30747 of 2021(3) dt.02-12-2021 2/2 and residences of both the families are adjacent to each other and title suit bearing Partition Suit No. 02 of 2015 is going on between the parties. In order to put pressure upon the petitioner and family members this false case has been lodged. Petitioner is in custody since 01.01.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that due to land dispute petitioner was hostile and had strong motive to commit the offence and he was seen fleeing from the place of occurrence. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T