Md Sahabuddin @ Md Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49806 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- BHARGAMA District- Araria ====================================================== MD SAHABUDDIN @ MD SHAHABUDDIN Son of Nooruddin Resident of Village - Birnagar Chharapatti, P.S.- Bhargama, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Sufyan, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 188, 269, 270, 323, 324, 326, 341 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated by the informant that while a sitting was taking place over a family partition, the six named accused persons including the petitioner herein started to abuse and assault the brother of the informant. It is further stated that on the orders of accused Md. Sagir, the petitioner fired from a country made pistol as a result of which the informant sustained injuries in his hand and on his body. He was taken to the hospital for treatment.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of land dispute between the members of the family for which partition was taking place. It was only after manufacturing of the injury report that the instant case was

Patna High Court CR. MISC. No.49806 of 2021(4) dt.24-03-2022 2/2 lodged. The parties have settled their differences which would be evident from the annexures brought along with the supplementary affidavit. The petitioner is in custody since 20.3.2021 and undertakes to cooperate in the trial. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner which is supported from the contents of the injury report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U