Md. Kousher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27300 of 2023 Arising Out of PS. Case No.-141 Year-2021 Thana- RUPAULI District- Purnia ====================================================== MD. KOUSHER SON OF LATE FUCHAN @ BOUKU R/O VILLAGEBELA PRASADI, P.S.- RUPAULI, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 120(B)/201 of the Indian Penal Code.

It is alleged that this petitioner (Md. Kousher ) along with co-accused Morsalem caused firearm injury to Md. Jahangir in which he susainted injury.

It is submitted that petitioner is innocent and has falsely been implicated in this case due to land dispute. The present case has been lodged by the informant and thereafter one another case has been lodged as Rupauli P.S. Case No. 142 of 2021 filed by one Md. Irshad for the same occurrence. It is further submitted that in this case, informant himself produced

Patna High Court CR. MISC. No.27300 of 2023(2) dt.11-07-2023 2/2 the arms and handed over the same to the police, hence no offence U/S 25(1-B)a, 26 and 35 of the Arms Act is made out. Learned counsel for the State opposes the bail petition of the petitioner and submits that one Md. Jahangir sustained gunshot injury by the petitioner. It is further stated that from the place of occurrence, there was a recovery of one country made pistol loaded with one empty cartridge from place of occurrence and people gathered disclosed that the said arms fell down from possession of this petitioner while fleeing away after committing the offence.

Considering the nature of allegation, gravity of offence and criminal antecedent of similar nature, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T