Patna High CourtCR. MISC./63948/2019rejected

Farookh Mian v. The State Of Bihar

2020-03-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63948 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== FAROOKH MIAN Son of Late Muslim Mian Resident of Village- Piyaur, Police Station- M.H. Nagar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2020 Heard both sides.

The petitioner seeks bail in Hussainganj (M. H. Nagar) P.S. case No. 190/ 2019 registered under Section 147, 302, 506 of the Indian Penal Code, u/s 27 of the Arms Act and u/s 3⁄4 of Explosive Substance Act.

The informant alleged that Abre Alam, Anwar Alam, Kaushar Sain and Farookh Mian, the petitioner, and 2-3 unknown persons came to the brick kiln of his brother. Abre Alam and Anwar Alam opened fire on his brother which hit on his arm and chest. Kaushar Sain and petitioner exploded bomb on the body of brother of the informant causing injury on his leg and other parts of his body.

The learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.63948 of 2019(4) dt.04-03-2020 2/2 case on account of previous enmity but it appears that petitioner is alleged to have threw bomb and on explosion of bomb the deceased got injuries on his leg. The post mortem report shows that there was charring injury and leg of the deceased was fractured. Besides, fire arm injury the deceased got injuries on account of explosion of bomb.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T