Patna High CourtCR. MISC./47524/2021bail rejected

Md. Shakeel v. The State Of Bihar

2022-04-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47524 of 2021 Arising Out of PS. Case No.-265 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MD. SHAKEEL S/o Late Md. Shabir R/o Village- Muriya, Naman, P.S.- Bhalpatti O.P., District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned counsel for the informant.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and under section 27 of the Arms Act.

Learned counsel for the informant vehemently opposes and stated that the accused fired upon namely Iliyas Kureshi, Md. Ekhlakh Kureshi and Shahid Kureshi sustained injury which fired by the gunshot by the petitioner namely Md. Shakeel and Sakir.

Patna High Court CR. MISC. No.47524 of 2021(3) dt.27-04-2022 2/2 It is submitted on behalf of the petitioner that he has falsely been implicated in this case. Other independent witnesses has not supported the prosecution case. From the perusal of the case diary and injury report sustained by the injured, prosecution witnesses supported the prosecution case in the spot of assaulting and open firing. From perusal of the injury report, Md. Ekhlaque Kureshi sustained injury. His injury report supports the allegation too. The nature of injury is grievous in respect of their injury report of Md. Ekhlaque Kureshi. Considering the aforesaid fact and circumstances of the case and seriousness of the offence, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

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