Gulam Mustafa @ Arman Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49338 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Gulam Mustafa @ Arman Quraishi Son Of Md. Faruque Qureashi Resident Of Village- Imli Adamkhan, P.S.- Sasaram (TOWN), Distt.- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 34, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 2-3-2024, when he was taking out the electricity bill of Baban Singh when the accused persons along with petitioner came and assaulted the informant by means of butt of a country-made pistol and also opened fire but missed and on alarm when people gathered, the accused fled threatening the informant.

Patna High Court CR. MISC. No.49338 of 2024(4) dt.11-09-2024 2/2 4.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner is alleged to have fired but missed. It is also submitted that allegation of firing is ornamental. It is next submitted that it absolutely does not stand to reason that if the petitioner had any intention of committing an occurrence by a firearm why he would have missed the informant. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram (Town) P.S. Case No. 229 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T