Md. Nazir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26464 of 2020 Arising Out of PS. Case No.-889 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== MD. NAZIR S/o Md. Shahid Resident of Mohalla-Bhirkhi, Ward No.26, Madhepura, Police Station-Madhepura, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2020 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and Mr. Uday Pratap Singh, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Madhepura PS Case No. 889/2019 registered for the offence punishable under Section 394 of the IPC and Section 27 of the Arms Act.

3. The allegation, as per First Information Report, is that petitioner along with others intercepted the informant and petitioner fired upon the informant causing injury on his thigh and snatched Rs. 7000/-.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the informant with an oblique motive. Learned counsel for the petitioner further submits that no injury report showing injury on the thigh of informant has been brought on record. Learned counsel also submits

Patna High Court CR. MISC. No.26464 of 2020(5) dt.04-12-2020 2/2 that petitioner is in custody since 16.10.2019 i.e., for more than a year.

5. On the other hand, learned counsel for the State, referring to the case diary, submits that the doctor after examining the injury of the informant has suggested some medicines. Learned counsel further submits that the petitioner has got criminal antecedents inasmuch as four cases are pending against him from before.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the no report showing injury of fire arm upon the informant has been brought on record and petitioner is in custody since 16.10.2019 , I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, MD. NAZIR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura PS Case No. 889/2019.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T