Md Wasim Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54510 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== MD WASIM AKRAM S/o Gayasudin @ Md. Gayasuddin Resident of Village- Andaul, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Baruraj Police Station Case No. 21 of 2020, registered for the offences punishable under Sections 341/323/307/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as per the First Information Report, is that on 19.02.2020, at about 1 PM, while the informant was sitting at the gate of his house, the petitioner, along with other accused persons, arrived on two motorcycles near the house of the informant, assaulted him and fired upon him, but somehow the informant saved himself. Learned Counsel for the petitioner submits that the petitioner is a political activist and has falsely been implicated in this case due to the political rivalry. He further submits that

Patna High Court CR. MISC. No.54510 of 2021(2) dt.17-05-2022 2/2 from perusal of the First Information Report, it would be evident that nobody was injured due to the alleged firing made by the petitioner. He further submits that the petitioner is in custody since 08.01.2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no injury has been caused to the informant due to the firing made by the petitioner, charge sheet has already been submitted and the petitioner is in custody since 08.01.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Baruraj Police Station Case No. 21 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √