Md Sagir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2558 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- BHARGAMA District- Araria ====================================================== Md. Sagir (Male) aged about 60 years son of Hafiz resident of VillageChharrapatti, Birnagar, P.S- Bhargama, District- Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navjot Yeshu For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2021 Heard Mr. Navjot Yeshu, learned counsel for the petitioner, learned counsel for the informant and Mr. Umesh Lal Verma, learned counsel appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Bhargama P.S. Case No. 50 of 2020 registered for the offence under Section 188, 269, 270, 341, 323, 324, 326, 307/34 of the I.P.C. and Section 27 of the Arms Act.
The allegation as per the First Information Report is that the petitioner along with other accused persons and the informant were holding a meeting regarding partition of land and in that meeting on the exhortation of the petitioner the coaccused / Md. Sahabuddin fired upon the informant due to which he received two gun shot injuries.
Patna High Court CR. MISC. No.2558 of 2021(3) dt.06-04-2021 2/3 Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute between the parties. He further submits that both the parties are co-sharers and from perusal of the First Information Report it would be evident that petitioner is at best the order giver. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 03.10.2020. On the other hand, learned counsel for the informant vehemently opposes the prayer for bail and submits that at the instance of the petitioner the co-accused fired upon the informant due to which gun shot injuries were caused to the informant.
Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that both the parties are co-sharers, the petitioner is the order giver and he is in custody since 03.10.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2558 of 2021(3) dt.06-04-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 50 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T