Md. Afjal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50136 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== Md. Afjal Son of Late Alijan Mian Resident of Village - Nima, P.S. and District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 342, 323, 324, 307, 504, 379/34 of the Indian Penal Code and section 27 of the Arms Act.
Petitioner is said to have fired upon the informant with intention to kill him which hit the left thigh and after second firing he fled away.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely
Patna High Court CR. MISC. No.50136 of 2021(2) dt.29-04-2022 2/3 implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the present FIR has been instituted out of matrimonial dispute. He submits that there was also money transaction between the petitioner and the informant for which one agreement has been executed between the parties vide agreement dated 25.10.2019 and when the informant was not paying the money which was owned to the petitioner then the petitioner has filed one Complaint Case No. 191(c) of 2020. The submits that though the injury by the petitioner by means of firearm but from the injury report, it appears that all the injury has been caused by the hard and blunt substance that too simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.
Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.50136 of 2021(2) dt.29-04-2022 3/3 learned court below where the case is pending/successor court in connection with Tetarhat P.S. Case No. 27 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T