Patna High CourtCR. MISC./37805/2019dismissed

Md. Sitab @ Munna @ Sajid v. The State Of Bihar

2019-10-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37805 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Sitab @ Munna @ Sajid S/O Late Md. Ishtehar @ Md. Mukhtar @ Phool Ahmad @ Md. Mokhtar Ahmad @ Md. Ishtekhar R/o Mohalla- Saadpura, P.S.- Kazi Mohammadpur, District- Muzaffarpur ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kr.Thakur, Advocate and Babita Kumari, Advocate For the Opposite Party :

Mr.Md. Matloob Rab, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is in custody since 17.10.2018 in a case registered for the offence under sections 302/34 of the Indian Penal Code and under section 27 of the Arms Act. It is alleged that the petitioner fired his pistol on the informant's cousin. It is further alleged that on the order of the petitioner, his two accomplices, namely, Md. Raja Quaraishi and Naushad Quraishi also fired upon informant's cousin. The victim died on the way to the hospital.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is motivated as there is no eye witness to the occurrence and the deceased was also a notorious criminal, as such, it appears that he was killed by some unknown criminal due to gang rivalry.

Patna High Court CR. MISC. No.37805 of 2019(5) dt.24-10-2019 2/2 Learned counsel for the informant opposes the prayer for bail. He points out that apart from the petitioner being an order giver, he is one of the assailants of the deceased. Petitioner has got criminal antecedent.

Considering the nature of the allegation, I am not inclined to admit the petitioners to the bail. The bail application of both the petitioner is accordingly rejected. (Prabhat Kumar Singh, J) Shashi U T