Jumman Miyan @ Md. Jumman Mian @ Kankatwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8510 of 2021 Arising Out of PS. Case No.-91 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== JUMMAN MIYAN @ MD. JUMMAN MIAN @ KANKATWA, Son of Aklu Mian, Resident of Village - Sarmaspur, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case in brief is that as per FIR, the informant alleging therein that at about 23.00 O'clock on 07.02.2019, the Guard had seen some suspicious activities then the said guard went there and saw that there were 3-4 anti-social elements on the boundary wall whereas 01 anti-social elements was trying to cross the bound wall. The said guard challenged

Patna High Court CR. MISC. No.8510 of 2021(2) dt.01-02-2021 2/2 the miscreants then the miscreants fired upon the guard which hit in the left side of stomach of the said guard as a result of which he became injured.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The petitioner has been made accused due to family enemy. The petitioner is in custody since 14.10.2019. He submits that vide order dated 29.06.2020, a liberty was granted to the petitioner to renew his prayer for bail after framing of charge. He further submits that charge has been framed against the petitioner vide order dated 11.12.2020 (Annexure-3).

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 16th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 150/2020 arising out of Kanti P.S. Case No. 91 of 2019. (Anjani Kumar Sharan, J) amitkumar/- U T