Patna High CourtCR. MISC./44453/2018disposal with observation

Md. Babar v. The State Of Bihar

2018-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44453 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Md. Babar, S/o Late Ashfaq @ Late Md. Ashafaq, R/o Village Jaymal Dumari, P.S. Paru, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Paroo P. S. Case No. 113 of 2018 registered for offences punishable under Sections 147, 148, 149, 324, 307, 353 IPC and Section 25 (1-B) A, 26, 27 and 35 of Arms Act. Allegation against the petitioner is that when the police went to search the house of the petitioner, firing was started from inside the house on the police party, causing injury and there is recovery of one country made pistol and two cartridges of 9 mm were found.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and

Patna High Court Cr.Misc. No.44453 of 2018 (4) dt.04-09-2018 2/2 during investigation, none has supported the alleged occurrence but the police have submitted charge sheet against the petitioner and the petitioner has been in custody since 20.04.2018. Heard learned A.P.P. also, who opposes the prayer for bail.

Having hear both sides and in view of the facts and circumstances, as stated above as well as there is criminal antecedent of the petitioner as he is accused in 13 other cases and as such, I am not inclined to grant privilege of bail to the petitioner at this stage. However, once charge has been framed, the petitioner shall be released on bail to the satisfaction of trial court. With the aforesaid observation, the instant petition is disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T