Md. Jafar @ Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18801 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Md. Jafar @ Zafar Son of SK. Usman @ Usman, resident of village - Boulia Gumti, Manihari, Police Station Manihari, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.

The petitioner seeks bail in Muffasil P.S. case No. 95 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that while he along with Rajendra Singh was taking tea at the tea stall of Bindeshwar Paswan, the criminal fired at him which hit on his right leg. The learned counsel for the petitioner submits that petitioner is not named in the FIR. During the course of investigation Rajendra Singh disclosed that Md. Zafar fired which hit Binod Singh. Similar is the statement of Bindeshwar Paswan, owner of tea stall, but the injury report has not been collected during the course of investigation. The petitioner is in jail since

Patna High Court Cr.Misc. No.18801 of 2017 (3) dt.15-05-2017 2/2 26.01.2017.

It appears that there is specific allegation against the petitioner that he fired which hit on the right leg of the informant and as many as 11 criminal cases are pending against the petitioner and all the cases are of heinous nature. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The petitioner may renew his prayer for bail after remaining seven months in custody.

(Prabhat Kumar Jha, J) BKS/- U T