Shahid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44295 of 2021 Arising Out of PS. Case No.-555 Year-2020 Thana- BUXAR District- Buxar ====================================================== SHAHID ANSARI S/O SALIK HUSSAIN R/o Mohalla- Ward No. 8, Nai Bazar, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Buxar (Town) P.S. Case No. 555 of 2020, registered under Sections 307/34 of the Indian Penal Code and section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 02.02.2021, and is a person of clean antecedent and charge-sheet has been submitted, learned counsel submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant who is an ERickshaw driver was carrying a patient on 19.11.2020 at about 10:00 P.M when it is alleged that three accused riding a pulsar motorcycle came and the person who was sitting in the middle
Patna High Court CR. MISC. No.44295 of 2021(2) dt.14-12-2021 2/3 fired on the informant causing injury on his right hand and stomach and he fell down. It is next alleged that the accused tried to flee away but the bike became unbalanced and one accused said Shahid drive fast, accordingly, the F.I.R. was instituted. Learned counsel submits that from perusal of the F.I.R. it would manifest that even admitting what has been alleged by the informant is true then also the allegation against this petitioner is of driving the bike, further from perusal of the FIR it would manifest that the occurrence dated 19.11.2020 and the F.I.R. came to be instituted on 18.12.2020 i.e. nearly after delay of one month. Learned counsel further submits that this petitioner came to be implicated in this case merely because the informant alleged that he overheard the name of the petitioner as aforesaid.
Learned APP for the State opposes the prayer of regular bail application of the petitioner.
Considering the fact that the petitioner is in custody since 02.02.2021 and there has been inordinate delay, chargesheet has been submitted in this case and the petitioner, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to
Patna High Court CR. MISC. No.44295 of 2021(2) dt.14-12-2021 3/3 the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 555 of 2020. (Satyavrat Verma, J) Ranjeet/- U T