Md. Firoz @ Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61259 of 2023 Arising Out of PS. Case No.-194 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== MD. FIROZ @ FIROZ son of Md. Hasib @ Md. Hasir Miya Village- Dargah Road Mandai Ps- Sultanganj Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, 7-8 FIR named accused persons including the petitioner, variously armed surrounded the informant's husband and made indiscriminate firing on him in the PMCH premises and when he tried to run away to save himself, the petitioner and co-accused persons made firing on

Patna High Court CR. MISC. No.61259 of 2023(2) dt.18-09-2023 2/3 him as a result of which he sustained two fire arms injuries each of his shoulder and hand, whereas one of the shots fired by the accused persons hit a stranger, namely, Jyoti.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the injuries of the informant's husband have been found to be simple in nature. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.61259 of 2023(2) dt.18-09-2023 3/3 satisfaction of the learned Court below in connection with Pirbahor P.S. Case No. 194 of 2021.

(Sunil Kumar Panwar, J) arish/- U