Alamgir Khan @ Juman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33328 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- PALANWA District- East Champaran ====================================================== Alamgir Khan @ Juman Son of Navi Hasan Khan Resident of Village - Gad Bahuwari, P.S.- Palanwa, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-09-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Palanwa P.S.Case no.13 of 2024 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the petitioner along with the other co-accused persons assaulted the informant, petitioner fired on the leg of the brother of the informant and on the point of the gun, he snatched Jhumka and Nathiya of the mother and sister of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely

Patna High Court CR. MISC. No.33328 of 2024(3) dt.21-09-2024 2/3 implicated in this case. The petitioner side has also lodged Palnawa P.S.Case No.14 of 2024 against the informant and his other family members with regard to the same incident.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, I am not inclined to enlarge the petitioner on bail against whom there is direct allegation of shooting the brother of the informant by the bullet, as recorded in the order passed by the learned Sessions Judge.

7. However, considering the fact that only one bullet injury has been found on the leg of the brother of the informant, the petitioner may surrender before the learned district court and seek regular bail. The learned district court is directed to hear the regular bail application of the petitioner on the same day it is filed considering the fact that there is case and counter case between the parties arising out of the same incident and the brother of the informant having sustained only one bullet injury on his leg and the other materials available on record and pass a reasoned order in accordance with law.

8. With the above observation/direction, the present

Patna High Court CR. MISC. No.33328 of 2024(3) dt.21-09-2024 3/3 bail application stands disposed of.

(Purnendu Singh, J) chn/- U