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Patna High CourtCR. MISC./72647/2023bail granted

Sheraj Ahmad @ Seraj Ahmad v. The State Of Bihar

2023-11-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72647 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Sheraj Ahmad @ Seraj Ahmad S/O Fulena Miya R/O Village- Khagaura, P.SSiwan Muffasil, (Dhanaut O.P.), Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of occurrence, three persons riding on a motorcycle came and fired on the informant, due to which, he sustained fire-arm injury on his neck, chest and stomach.

4. Name of the petitioner transpired during course of investigation on the basis of confessional statement of coaccused Papan Mian @ Samiullah, which has got no evidentiary value. Save & except confessional statement, there is no direct / indirect evidence against this petitioner to show his complicity in the aforesaid occurrence.

Patna High Court CR. MISC. No.72647 of 2023(2) dt.07-11-2023 2/2

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Siwan Town P.S. Case No. 118 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T