Md. Hamza @ Hamala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56932 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Md. Hamza @ Hamala Son Of Md. Ishak @ Laddu R/V- Mohalla- Jamun Gali, Sabzibagh, P.S.- Pirbahore, Distt.- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Om Prakash Nagmani For the Opposite Party :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. Learned counsel for the petitioner has filed Supplementary Affidavit in the course of the day which is kept on the record.
3. The petitioner has preferred this application for grant of regular bail in connection with Pirbahore P.S. Case No. 112/2024 dated 24.02.2024 registered for the offence punishable u/s 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant with lathi, kick and fist with an intention to kill. Further, the
Patna High Court CR. MISC. No.56932 of 2024(2) dt.21-08-2024 2/3 petitioner fired on the informant causing firearm injury.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that as per Annexure-3, the informant received gunshot injury on the thigh but the nature of injury has not been mentioned in the injury report. The petitioner has three criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2024.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Pirbahore P.S. Case No. 112/2024, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.56932 of 2024(2) dt.21-08-2024 3/3
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T