Shamsul @ Joha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28375 of 2017 Arising Out of PS.Case No. -121 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Shamsul @ Joha Son of Md. Abdul Razzaque, Resident of Village - Harrakh, P.S. - Town, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 342, 323, 504, 182, 211/34 of the Indian Penal Code and 25(1-b)A, 35/36 of the Arms Act. The prosecution case, in brief, is that on 7.3.2015 at about 9:00 P.M. the nephew of the informant, namely, Md. Firoj and son-in-law of his cousin brother, namely, Md. Ekram were quarrelling at residence, in the meantime the informant reached there and saw Md. Ekram was pointing pistol with one live cartridge to his nephew Firoz. Informant snatched the pistol and with the help of other people caught Md. Ekram and produced him with country made pistol before the police.

Patna High Court Cr.Misc. No.28375 of 2017 (2) dt.01-07-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner has come. As per the F.I.R., the main allegation is against one Md. Ekram. The alleged occurrence is said to have taken place due to family dispute. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. case No.121 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T