Patna High CourtCR. MISC./73384/2023bail granted

Md. Mahmood Alias Mahmood v. The State Of Bihar

2023-11-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73384 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- BISFI District- Madhubani ====================================================== MD. MAHMOOD ALIAS MAHMOOD SON OF MD. HASIM Resident of Village - Balha, Police Station - Bisfi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shamimul Hoda For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bisfi P.S. Case No.61 of 2023, registered for the offences punishable under Sections 307, 120(B) of the Indian Penal Code and Section 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. As per allegation, the informant was sitting in his courtyard with one Muzaffar Ali. In the meantime, one person came and fired upon him. In order to save his life, the informant entered in his uncle's house. On hue and cry, the accused persons fled away on motorcycles. The informant disclosed that the petitioner was among them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.73384 of 2023(2) dt.09-11-2023 2/2 He has further submitted that on exact similar footing, co-accused Neyarul Hasan @ Md. Hira has been granted bail by a coordinate Bench of this Court vide order dated 19.10.2023 in Cr. Misc.No. 68542 of 2023.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Benipatti in connection with Bisfi P.S. Case No.61 of 2023, subject to the conditions as laid down under Section 438(2) CrPC.

(Nawneet Kumar Pandey, J) SONALI/- U T