Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39078 of 2020 ============================================= Md. Kalim, aged about 45 years (M), son of Md. Owaish, resident of village-Lahladpur, P.S. Madhuban, District-East Champaran --------- Petitioner

Versus

The State of Bihar --------- Opposite Parties ============================================= Appearance:- For the Petitioner:- Mr. Umesh Chandra Verma, Advocate For the State :- Mr. Harnedra Prasad, APP ============================================= CORAM:HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2. 01.06.2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri. Harendra Prasad, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 66 of 2018 for the offence registered under Sections 341, 342, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is regarding the petitioner having fired gun shot on the back of the informant resulting in the informant receiving gunshot injury.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in present case. The learned counsel for the petitioner has further submitted that a false allegation has been leveled against the petitioner.

Per contra, the learned A.P.P. for the State Shri. Harendra Prasad has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there a direct

allegation has been leveled against the petitioner of having fired gunshots on the informant, resulting in gunshot injuries being inflicted upon the informant of the present case and moreover, the petitioner is having a bad criminal antecedent, hence I am not inclined to grant anticipatory bail to the petitioner herein. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/-