Md. Asad Quayam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45176 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== Md. Asad Quayam Son of Md. Naushad Quayam Resident of Village - Chandradeep, Post Office - Chandradeep, P.S.- Chandradeep, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the State :

Mr. Satyendra Narayan Singh, APP For the Informant :

Mr. Shadab Akhter ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Chandradeep P.S. Case No. 145 of 2020 registered for the offence under Sections 341, 342, 307, 504, 506, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 12.02.2021.

The allegation against the petitioner is to cause fire arm injury to the injured/informant with intention to cause death.

Learned counsel appearing on behalf of the petitioner submitted that the implication is false for the reason that

Patna High Court CR. MISC. No.45176 of 2021(7) dt.21-06-2022 2/3 previous land dispute is pending between the parties. It has further been submitted that the element of intention is absent in the alleged assault of firing for the reason that the firing by the petitioner is not repeated without having any intervening circumstances, knowing the fact that injured is alive. It has also been submitted that nothing incriminating has been recovered from the place of occurrence, which also negate the allegations. While concluding the argument, it has further been submitted that petitioner is a man of clean antecedent and chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State duly assisted by learned counsel appearing on behalf of the informant while opposing the prayer for bail submitted that there is specific allegation against the petitioner to cause fire arm injury. Considering the facts and circumstances as mentioned above and considering the period of custody coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Chandradeep P.S. Case No. 145 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.45176 of 2021(7) dt.21-06-2022 3/3 learned Additional Chief Judicial Magistrate- 1st Class, Jamui, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Md. Ahmad Hussain, who is the maternal uncle of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T