Samim Miya @ Lale @ Mohamad Shamimaalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59189 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Samim Miya @ Lale @ Mohamad Shamimaalam Son Of Late Azuzul Miya Resident Of Village - Itawa, P.S. - Pakridayal, District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. Petitioner is said to have fired upon the informant but it hit one child of the village namely Jamullah.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant who is Choukidar is not the eye witness and he himself has stated that he heard rumour about the occurrence. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.59189 of 2023(4) dt.05-03-2024 2/2
6. Considering the facts and circumstances of the case and the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Pakridayal P.S. Case No. 312 of 2022.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T