Md Mehwal Alam @ Mehbal Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2741 of 2021 Arising Out of PS. Case No.-41 Year-2018 Thana- HABIBPUR District- Bhagalpur ====================================================== Md Mehwal Alam @ Mehbal Alam aged about 32 years Son Of Late Islam Resident Of Village-Bhatuabari, P.S.-HABIBPUR, District-Bhagalpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Md. Nurul Hoda, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Habibpur Police Station Case No. 41 of 2018 registered for the offences punishable under sections 302 of the Indian Penal Code and 271.

As per the prosecution case, when the Barat procession reached near Sahjangi Mela Maidan and baraties were dancing on loud sound, the petitioner by means of a country made pistol fired on the nephew of the informant on his temple region as a result of which he sustained firearm injury and died.

Learned counsel for the petitioner submits that the incident of firing is accidental and not intentional. He submits that the petitioner's name has been taken only on the basis of

Patna High Court CR. MISC. No.2741 of 2021(2) dt.09-03-2021 2/2 suspicion and no incriminating material has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 28.6.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner fired at the temple region of the victim causing his instant death. Doctor has also opined that the death was caused due to firearm injury.

In view of the specific allegation against the petitioner that he fired at the temple region of the victim causing his instant death, prayer for bail of the petitioner is refused. (Prabhat Kumar Singh, J) Shashi U T