Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27558 of 2020 Arising Out of PS. Case No.-288 Year-2019 Thana- BIRPUR District- Supaul ====================================================== MD. SHAMSHAD S/o Md. Siddik @ Siddik Resident of Village-Sitapur, Ward No.14, Police Station-Birpur, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 342, 504, 307, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to the FIR, it is alleged that two buffaloes was stolen by the accused persons including the petitioner. It is also alleged that when informant contacted with the culprits,

Patna High Court CR. MISC. No.27558 of 2020(2) dt.21-10-2020 2/2 they made demand of Rs. 25,000/- for returning his buffaloes. It is further alleged that when he reached the village of the culprits, they gave fatal blow on the head of the informant and tried to snatched away his money.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 21.12.2019 but the FIR was registered on 28.12.2019 and there is explanation for the said delay. He submits that no incriminating article has been recovered from the possession of the petitioner. He submits that petitioner has not been arrested at the spot. He further submits that petitioner is languishing in judicial custody since 20.03.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Birpur, Supaul in connection with Birpur P.S. Case No. 288 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T