Md. Mansoor Master @ Md. Mansoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41704 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -TARABARI District- ARRARIA ======================================================

1. Md. Mansoor Master @ Md. Mansoor Alam Son of Late Hafijuddin, Resident of Village- Balbat, P.S.- Tarabari, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Pratap Singh For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the informant also. Petitioner, namely, Md. Mansoor Master @ Md.

Mansoor Alam apprehends his arrest in Tarabari P.S. Case No.65 of 2016 under Sections 341, 323, 326, 307, 504/34 I.P.C. and Section 27 of the Arms Act.

The short case of prosecution is that the informant alleged that this petitioner along with co-accused persons surrounded him and started assaulting him and anyhow the informant escaped and was running away. The present petitioner Md. Mansoor Master took out pistol from his waist and fired at the informant causing entry wound and exit wound as a result of which the informant fell down. The accused persons fled away

Patna High Court Cr.Misc. No.41704 of 2016 (3) dt.06-10-2016 thinking that he has died.

The petitioner has annexed injury report, which is Annexure-2 and it is submitted that lacerated wound was found by the doctor and the lacerated wound cannot be caused by firearm. It is also alleged that the petitioner has got no criminal antecedent and statement to this effect has been made in paragraph 3. At the time of hearing this anticipatory bail application, supplementary injury report has been produced by the informant which is dated 22.09.2016.

From the injury report (Annexure-2), it appears that the matter was referred to the higher authority and the supplementary report produced by the informant shows that there were two firearm injuries on the person of the informant. One injury is entry and the other is exit. Both injuries were found to be grievous caused by gunshot.

In view of the above facts and circumstances of the case that the petitioner is suppressing before the Court for getting anticipatory bail and has incorrectly stated that the petitioner has no criminal antecedent although he is an accused in Araria P.S. Case No.491 of 2002, this anticipatory bail application is rejected. Harish/- (Mungeshwar Sahoo, J) U