Md. Ibrahim @ Md. Ibrahim Shaikh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58094 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== MD. IBRAHIM @ MD. IBRAHIM SHAIKH S/O LATE HAFIZ R/O VILLAGE- GHADAUL, P.S.- SRINAGAR, DIST.- MADHEPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Srinagar P.S. Case No. 140 of 2022 dated 11.12.2022 registered for the offences punishable u/s 147, 148, 149, 448, 379, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons holding three knot, arrow and sword came and started firing indiscriminately. On hulla, Md. Taushid and
Patna High Court CR. MISC. No.58094 of 2023(2) dt.01-09-2023 2/3 Nirael came and this petitioner inflicted blows of arrow with intent to kill which hit the left leg of Md. Taushid. The coaccused Mushtak inflicted blow of arrow which hit the right hand of Nirael. Accused Md. Hudda fired from the rifle which hit the head of the informant. They also entered the house and looted Rs. 10,000/- and paddy weighing 6 quintal.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 10.08.2023 passed in Cr. Misc. No. 46271 of 2023. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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
Patna High Court CR. MISC. No.58094 of 2023(2) dt.01-09-2023 3/3 concerned, Madhepura in connection with Srinagar P.S. Case No. 140 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T