Mohammad Khan @ Mohammad Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40938 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Mohammad Khan @ Mohammad Raza Son Of Md. Shahab Uddin Resident Of Village- Bhaluahi, Ps- Wazirganj, District- Gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2.The petitioner in the present case is seeking prearrest bail in connection with Wazirganj P.S. Case No.- 478 of 2022 registered for the offences punishable under Sections 341, 326, 307 and 34 of the Indian Penal Code. He has got no criminal antecedent.
3. Learned counsel for the petitioner submits that the petitioner had fired two gunshot upon the informant due to which he became injured. It is alleged that Aslam Miyan and Johri Miyan took Rs. 40,000/- from the pocket of informant and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the allegations are general, vague and
Patna High Court CR. MISC. No.40938 of 2023(2) dt.28-07-2023 2/2 omnibus.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstance of the case wherein this Court has noticed that there is an allegation of repeated firing against this petitioner and one of the shot hit the informant causing fire-arm injury to him on his shoulder, in this regard, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
7. The prayer for anticipatory bail of the petitioner is refused.
(Rajeev Ranjan Prasad, J) tusharika/- U T