Md.Jahid @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48585 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== MD.JAHID @ MUNNA son of Md. Israil Resident of Village - Nima Rang,Ward No. 27, P.S. Jamui, District - Jamui. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54699 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== MD. IBRAR ALAM S/o LATE MIRZA ALI R/o VILLAGE-GULNI, P.STETARHAT, DISTRICT-LAKHISARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 48585 of 2021) For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP (In CRIMINAL MISCELLANEOUS No. 54699 of 2021) For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 307, 341, 342, 323, 324, 504, 379 and 34 of the Indian Penal Code. As per the prosecution case, four accused persons on two motorcycles are stated to have fired from the pistol. It is

Patna High Court CR. MISC. No.48585 of 2021(3) dt.21-03-2022 2/3 stated that the first shot fired crossed the leg of the informant and on the second shot having been fired the informant abandoned his vehicle and ran towards the agriculture field. He states that he identified Md. Afzal but did not identify two accused persons.

It is submitted by learned counsel for the petitioners that the petitioners are not named in the F.I.R. Their names transpired in course of investigation based on the extra judicial confessional statement made before the police. Learned counsels for the petitioners submit that from the injury report of the injured the case itself is falsified in view of the fact that the injury is said to have been caused by hard and blunt substance. The petitioners are in custody since 4.6.2021 and investigation in the case is complete.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation specially the injury report of the informant together with the petitioners having remained in custody for 9 months, the Court directs the two petitioners to be enlarged on bail in connection with Tetarhat P.S. Case no. 27 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand)

Patna High Court CR. MISC. No.48585 of 2021(3) dt.21-03-2022 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai. (Partha Sarthy, J) Bibhash U