Md. Samshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33365 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- JADIA District- Supaul ====================================================== Md. Samshad Alam Son of Md. Yunis Rahmani @ Md. Yunus Resident of Village- Phulkaha, P.S.- Jadia, District- Supaul, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-09-2021 This matter is taken up for consideration through Video Conferencing.

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

The petitioner seeks bail in Jadiya P.S. Case No. 159 of 2020, registered for the offence punishable under Sections 307, 326 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on the alleged date and time of occurrence the informant after closing his shop was going to his house, on the way, this petitioner along with coaccused intercepted him and shot him in the neck and also snatched Rs. 85,000/- from his possession.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.33365 of 2021(3) dt.14-09-2021 2/2 petitioner has falsely been implicated in this case due to village politics. The doctor has found the injury to be simple in nature. Petitioner is in custody since 03.09.2020. Investigation is complete.

Learned APP however, vehemently opposed the prayer for bail and submitted that specific allegation against this petitioner is of causing firearm injury to the informant and snatching cash from his possession.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T