Md. Zahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79655 of 2023 Arising Out of PS. Case No.-459 Year-2021 Thana- GOGRI District- Khagaria ====================================================== MD. ZAHID S/o Kamal Uddin R/o Vill - Rampur, P.S. - Gogari, Dist - Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per F.I.R., allegation against the petitioner along with other co-accused of opened fire two shots on the informant with intention to kill him. The informant managed to flee away and reached his house.
4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got one criminal antecedent mentioned in Para 3 of the bail application in which he is on bail. He further submits that no person was injured in the present occurrence and
Patna High Court CR. MISC. No.79655 of 2023(2) dt.14-12-2023 2/2 and occurrence took place on 26.09.2021 but the informant lodged case on 15.10.2021 just after delay of 20 days. There is no any explanation in lodging the case after delay of 20 days which cause serious doubt. It is admitted fact that rivalry contended in the Panchayat election.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and also there is delay of 20 days in lodging the case, let the above named petitioner, be released on bail, in the event of her arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Gogari P.S. Case No. 459 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Ranjeet/- U T