Md. Musho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63341 of 2019 Arising Out of PS. Case No.-111 Year-2017 Thana- SHRI NAGAR District- Madhepura ====================================================== Md. Musho, Son of Md. Abdul Rahman Resident of Village- Puraini, P.S.- Sreenagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sreenagar P.S. Case No. 111 of 2017 registered under Sections 447, 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 20 persons named in the F.I.R. including the petitioner variously armed with weapons reached at the door of Md. Rabban, where informant Md. Mahuruddin was present on the occasion of Muharram and started to abuse and made indiscriminate firing. While the petitioner fired but the same was passed nearby the head of the informant. Thereafter, on the order of petitioner, Md. Mustak caused injury through bow and arrow at the neck of his son, Mushahid. When his uncle Md. Nasim, came tho

Patna High Court CR. MISC. No.63341 of 2019(3) dt.21-10-2019 2/2 save then Md. Mustakin gave order, on which, Md. Sagir @ Chikna caused injury to him through bow and arrow.

Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. with allegation to open fire but the same was passed nearby the head of the informant, in fact, due to dirty village police, petitioner has falsely been implicated in the present case with ulterior motive. It is further submitted that coaccused, Md. Sahab and Md. Arman, have already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 25.10.2018 passed in Criminal Misc. NO. 59702 of 2018. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Madhepura, in connection with Sreenagar P.S. Case No. 111 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T