Md. Tarvej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.141 of 2017 Arising Out of PS.Case No. -371 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Md. Tarvej, Son of Md. Baso, Resident of Village- Ninga, Ekdara, P.S. Barauni, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 10-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barauni P.S. Case No.371 of 2016 registered under Sections 147, 148, 149, 307 and 447 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that on 17.10.2016 at about 11.30 A.M., all the 9 F.I.R. named accused including the petitioner armed with pistol, lathi and danda were ploughing the field of the informant Md. Isha. On protest made by the informant and his family members, Md. Rizwan, Md. Tarvej (petitioner), Md. Anwar and Md. Imatuddin alias Chano opened fire through pistol causing firearm injury to Md. Nadir, the nephew of the informant, and one Sati Kumari, the grand daughter of Ram Bilas Tanti. In the occurrence, Md. Irshad and Md. Ataul also

Patna High Court Cr.Misc. No.141 of 2017 (3) dt.10-02-2017 2/2 sustained injury.

Learned counsel appearing on behalf of the petitioner submits that while the allegation has been made to cause firearm injury to Md. Nadir, the nephew of the informant and Sati Kumari, the grand daughter of Ram Bilas Tanti, by Md. Rizwan, Md. Anwar, Md. Imatuddin alias Chano and this petitioner but the injured Md. Nadir has clearly stated in his statement, as detailed in paragraph-19 of the case diary, that at the time of occurrence, the firing was made by Md. Rizwan. There is no injury report in the case diary in respect of the injury caused to Sati Kumari, the grand daughter of Ram Bilas Tanti. Further submission is that the petitioner is in custody since 18.10.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No.371 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T