Tibula @ Timla @ Salim Hasmi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70100 of 2023 Arising Out of PS. Case No.-366 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Tibula @ Timla @ Salim Hasmi Son Of Shohri Miya R/O Village - Bhaluhipur, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Krishna For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(b)/34 of the Indian Penal Code and Section 27 of Arms Act.
3. The allegation according to the informant is regarding the accused persons have assaulted and fired upon the informant as well as one Krishna Kumar Singh, resulting in gun shot injury to the said Krishna Kumar Singh and he died subsequently.
Patna High Court CR. MISC. No.70100 of 2023(2) dt.03-11-2023 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to his criminal antecedents. There is no specific overt act of allegation levelled against the petitioner rather the specific allegation of firing is levelled against Naim Mistry and others. It is also submitted that petitioner is languishing in judicial custody since 10.07.2023. Similarly situated several co-accused persons have been granted Bail by different co-ordinate Benches of this Court.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Arrah(Town) P.S. Case No. 366
Patna High Court CR. MISC. No.70100 of 2023(2) dt.03-11-2023 3/3 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bhojpur, Arrah.
(Sunil Kumar Panwar, J) Nirajkrs/- U T