Patna High CourtCR. MISC./46380/2024bail granted

Md. Shahnawaz Firoz v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46380 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Md. Shahnawaz Firoz S/o Firoz Ahmad R/o vill - Rampur, P.S. - Warisnagar, Distt. - Samastipur (Bihar) ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Warisnagar P.S. Case No. 50 of 2023 dated 12.02.2023 registered for the offences punishable u/s 307 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, on 12.02.2023 at 07.00 A.M., one miscreant is alleged to have fired two rounds on the informant which hit the right thigh and the left leg of the informant when the informant was sleeping at his door.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.46380 of 2024(2) dt.23-07-2024 2/2 this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Ajmeri Khatoon. The informant and the petitioner are neighbour and there is land dispute between the parties. It is further submitted that the petitioner has no concern with the alleged offence. The injured sustained injuries on non vital parts. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Warisnagar P.S. Case No. 50 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T