Patna High CourtCR. MISC./23810/2024rejected

Md. Firoz @ Firoz v. The State Of Bihar

2024-05-17Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23810 of 2024 Arising Out of PS. Case No.-697 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md. Firoz @ Firoz S/O Md. Hanif R/O Village- Bhatoriya, P.S- Nathnagar (Madhusudanpur), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2024 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.01.2024, in connection with Nathnagar (Madhusudanpur) P.S. Case No. 697 of 2021, F.I.R. dated 14.12.2021 registered for the offences punishable under Sections 394, 302 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

3. The prosecution story in nutshell is that on 14.12.2021, the informant received information on his mobile, that some miscreants have opened fire on his son and he was lying injured near Tata Pull Sajour Pakki road. Further it is alleged that the miscreants after snatching his motorcycle and Rs. 10,000/- fled away.

Patna High Court CR. MISC. No.23810 of 2024(3) dt.17-05-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused Md. Zibrail and apart from that no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that in fact the wife of co-accused Md. Zibrael has filed two cases against the petitioner namely Nathnagar (Madhusudanpur) P.S. Case No. 405 of 2018 and Nathnagar (Madhusudanpur) P.S. Case No. 539 of 2018 and hence this reason co-accused has confessed the name of the petitioner. He further submits that till date no test identification parade was conducted by the prosecution.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation in paragraph nos. 10, 11 and 20 of the supplementary case diary, the witness have seen that Md. Murtaza fired and he was accompanied with coaccused person namely Zibrail and the petitioner and apart from that the petitioner carries three more cases other than the present one and the bail petition of co-accused person namely Zibrail

Patna High Court CR. MISC. No.23810 of 2024(3) dt.17-05-2024 3/3 has been rejected by this Court vide order dated 18.09.2023 passed in Cr. Misc. No. 28719 of 2023.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 697 of 2021 pending in the Court of learned Chief Judicial Magistrate, Bhagalpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T