Md. Sahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2045 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Sahabuddin, son of Md. Rabban, resident of village-Bagwara, P.S.- Begusarai, Muffasil (Singhaul), District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 138 of 2018 registered for the offence punishable under Sections 307, 353/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

The allegation of the informant is that the Police received information that certain criminals had resorted to firing at the house of one Lalbabu Choudhary and when the Police had arrived at the place of occurrence, the said accused persons had also fired upon the police party resulting in injury to the police officials whereafter one of the accused, a dreaded criminal was apprehended while the other person managed to flee away, however, upon chase, the accused was caught by the Police on the spot and disclosed that the person who had fled away is the petitioner.

The learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.2045 of 2019(2) dt.16-01-2019 2/2 that barring one case under Section 379 of the Indian Penal Code in which the petitioner is on bail, the petitioner is having a fair antecedent. It is further submitted that the petitioner has been falsely implicated and till date no T.I. Parade has taken place so as to connect the petitioner with the alleged crime. It is further submitted that the petitioner is languishing in custody since 14.06.2018, hence he has already been suitably punished for the moment.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Begusarai Town P.S. Case No. 138 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T