Md. Saifullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21723 of 2025 Arising Out of PS. Case No.-203 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Saifullah S/o Md. Noor @ Md. Nurullah Resident of Mohalla -Bangali Tola, Sekhtoli Town, PS and District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S.T. No. 538 of 2024 arising out of Samastipur P.S. Case No. 203 of 2022 instituted for the offence under Sections 341, 323, 324, 326, 307, 504, 506 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The informant alleged that on the night of 19.07.2022, he was surrounded and abused by three persons, including the petitioner, while out for a walk. Petitioner allegedly fired at him with a pistol, causing injury to his rib cage.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.21723 of 2025(2) dt.24-04-2025 2/3 that the petitioner is in custody since 25-04-2024. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that pistol used in the occurrence was not recovered by the police. No motive is attributed to the petitioner of the alleged offence. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to impugned order, it is submitted that there is specific allegation of firing against the petitioner, due to which informant has sustained fire arm injury, which is found to be grievous in nature.

7.

Considering the aforesaid facts and circumstances of the case, taking into account the fact that there is direct allegation of firing against the petitioner, which is corroborated by the injury report, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is, accordingly, rejected.

Patna High Court CR. MISC. No.21723 of 2025(2) dt.24-04-2025 3/3 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T