Md. Hasan Ali @ Monu @ Ahsan Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69583 of 2024 Arising Out of PS. Case No.-862 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Hasan Ali @ Monu @ Ahsan Khan Son of Md. Akbar @ Akbar Alam R/o - Millat Colony, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 148 , 149, 323 , 336, 307, 326, 353 , 268 , 327 and 427 of the Indian penal Code and Section 27 of Arms Act.
3 . As per the prosecution case , on the alleged date and time of occurrence , two groups were fighting, as a result of which one persons sustained injuries and police recovered seven motorcycles, nine empty cartridges and one pellet. It is further alleged that co-accused persons also got one accused person released from police custody .
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.69583 of 2024(3) dt.17-01-2025 2/2 case only on the basis of CCTV footage . From bare perusal of the F.I.R., it is apparent that it was other co-accused Md. Naushad who caused gun shot injury to Md. Sahil. There is general and omnibus allegation against this petitioner. 5 . Learned counsel for the State opposed the prayer for bail and submitted that there is specific allegation against the petitioner that he along with other co-accused persons fired as a result of which Md. Sahil sustained gun shot injury . Petitioner has got three criminal antecedents of similar nature .
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T