Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35832 of 2021 Arising Out of PS. Case No.-327 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== MD. IRFAN Son of Md. Habib Resident of Village - Chodhali, P.S.- Beldaur, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2022 Heard Mr. Bishweshwar Ram, learned counsel for the petitioner and Mr. Nawal Kishore Prasad Singh, learned counsel for the State.
Petitioner seeks regular bail in connection with Beldaur PS Case No. 327 of 2020, G.R. No. 3516 of 2020 registered under Sections 302, 120 (B), 34 of the IPC and Section 27 of the Arms Act.
Allegation in nutshell is that petitioner called the deceased for a Panchayati relating to a land dispute where the petitioner along with other accused persons in conspiracy with each other shot the brother of the informant dead. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute and village politics. He has not committed any
Patna High Court CR. MISC. No.35832 of 2021(3) dt.23-03-2022 2/3 offence in the manner alleged. He further submits that from perusal of the FIR it would be evident that there is no specific allegation of assault against the petitioner, however, during course of investigation the informant in his re-statement has stated specifically that co-accused / Md. Ibo and Md. Asfaq fired upon his brother. He next submits that other witnesses including the eye witnesses whose statements were recorded in paragraphs 11, 12, 32, 33 & 34 have stated that the co-accused Md. Ibo and Md. Asfaq fired upon the deceased. Petitioner has got no criminal antecedent. He is in custody since 27-11-2020.
Regard being had to the submissions made by the parties, taking into consideration the material on record and the fact that during the course of investigation it has come that specific allegation of firing is upon the co-accused persons, petitioner is having no criminal antecedent, he is in custody since 27 / 11 / 2020 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- ( twenty five thousand ) with two sureties of the like amount each to the satisfaction of Mrs. Pallawi Anand, Judicial Magistrate- 1st
Patna High Court CR. MISC. No.35832 of 2021(3) dt.23-03-2022 3/3 Class, Khagaria in connection with Beldaur PS Case No. 327 of 2020, G.R. No. 3516 / 2020.
(Anil Kumar Sinha, J) praful/- U T