Md. Saheb @ Samad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24297 of 2020 Arising Out of PS. Case No.-597 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== MD. SAHEB @ SAMAD S/O Md. Naseem R/O Golakpur, imlitar P.S. - Pirbahore, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the Informant : Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kadamkuan P.S. Case No. 597 of 2019, registered for the offence punishable under Sections 307, 120B, 324 and 326 of the Indian Penal Code and section 27 of the Arms Act.

Petitioner and other accused persons are alleged to have fired upon the brother of informant causing injury to him. Petitioner is apprehended on the spot with pistol. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.24297 of 2020(2) dt.24-09-2020 2/2 petitioner has falsely been implicated in this case due to village politics. There is general and omnibus allegation. Similarly situated co-accused has been granted bail by the lower court itself. Petitioner has been remanded in this case on 16.12.2019 and since then he is in custody.

Counsel for the informant however, vehemently opposed the prayer bail and submitted that petitioner is accused of causing fire arm injury and he was apprehended on the spot along with pistol. Petitioner has got four criminal antecedents. Considering the facts aforesaid and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T