Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63479 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== MD. FIROZ S/o Hasib @ Hasir Miya R/o PMCH Servant Quarter, P.S. - Pirbahore, District - Patna presently residing at Village - Dargah Road, Mandai, P.S. - Sultanganj, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63768 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== AFTAB ALAM S/o Md. Hasib @ Md. Hasir Miya R/o PMCH Servant Quarter, P.S. - Pirbahore, District - Patna. Presently residing at Village - Dargah Road, Mandai, P.S. - Sultanganj, District - patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 63479 of 2021) For the Petitioner/s :

Mr.Ambuj Kumar Chandra For the Opposite Party/s :

Mr.APP (In CRIMINAL MISCELLANEOUS No. 63768 of 2021) For the Petitioner/s :

Mr.Ambuj Kumar Chandra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Pirbahore P.S. Case no. 194 of 2021 instituted for the

Patna High Court CR. MISC. No.63479 of 2021(4) dt.27-09-2022 2/3 offence punishable under Section 147, 148, 149, 341, 323 and307 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, several accused persons including the petitioners having arms in their hands came on motorcycle in the campus of Patna Medical College & Hospital, Patna (for short 'PMCH, Patna') and after some altercation, they shot fire upon the husband of the informant who was sitting in ambulance, as a result of which informant's husband received fire arms injuries upon his left arm and right thigh and another girl, namely Jyoti also received fire shot injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is case and counter case. They have got no criminal antecedent. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession. Learned counsel for the informant and learned APP appearing for the State have opposed the prayer of bail and submitted that informant's husband has received two gun shot injuries. The occurrence was created in the campus of PMCH,

Patna High Court CR. MISC. No.63479 of 2021(4) dt.27-09-2022 3/3 Patna to create havoc by these accused persons. Injury report as well as during investigation, several witnesses ha ve supported the prosecution story.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioners and, as such, their application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U