Patna High CourtCR. MISC./43954/2021bail granted

Mohammed Mumtaz v. The State Of Bihar

2022-03-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43954 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== MOHAMMED MUMTAZ Son of Mohammed Muzrif Resident of Village - Deoriya Sedha, P.S.- Deoriya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mani Bhushan Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307/34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, three motorcycle borne miscreants overtook the motorcycle of the informant and fired which hit in the right elbow of his wife and thereafter they fled. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and his name has figured during course of investigation in confessional statement of co-accused Roshan Kumar. No other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Test

Patna High Court CR. MISC. No.43954 of 2021(3) dt.04-03-2022 2/2 Identification Parade has not been carried out till date. He is in custody since 11.9.2020.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Paroo Police Station Case No. 27 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T