Md. Mairaj @ Mairaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31591 of 2024 Arising Out of PS. Case No.-267 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Md. Mairaj @ Mairaj Alam Son Of Late Md. Sakim Resident Of Village - Sarsawa, P.S. - Choutham, District - Khagaria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chautham P.S. Case no. 267 of 2022 instituted for the offence under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against this petitioner is that he assaulted the informant and co-accused Md. Soheel opened fire on him which hit and he became senseless and fell down. When his son came to save him then Md. Soheel opened fire upon his son and thereafter both of them fled from there.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.31591 of 2024(2) dt.16-05-2024 2/2 committed no offence. The allegation of opening fire is against co-accused Md. Soheel not against this petitioner. Md. Soheel has granted regular bail by this Court vide order dated 07.11.2023 in Cr. Misc. No. 56106 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chautham P.S. Case no. 267 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIth, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shubham/- U T