Md. Saifi Firoz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64060 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Md. Saifi Firoz Son of Firoz Ahmad Resident of Village - Rampur, P.S.- Warisnagar, District - Samastipur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Warisnagar P.S. Case No. 50 of 2023 dated 12.02.2023 registered for the offences punishable u/s 307 of the Indian Penal Code and u/s 27 of the Arms Act.
3. As per the prosecution case, on 12.02.2023 at 07.00 A.M., one miscreant is alleged to have fired two rounds on the informant which hit the right thigh and the left leg of the informant when the informant was sleeping at his door.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.64060 of 2024(2) dt.20-11-2024 2/3 petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Ajmeri Khatoon. The informant and the petitioner are neighbour and there is land dispute between the parties. It is further submitted that the petitioner has no concern with the alleged offence. The injured sustained injuries on non vital parts. Similarly situated co-accused has already been granted regular bail by this court vide order dated 23.07.2024 passed in Cr. Misc. No. 46380 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Samastipur in connection with Warisnagar P.S. Case No. 50 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.64060 of 2024(2) dt.20-11-2024 3/3 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.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T