Patna High CourtCR. MISC./79549/2018bail granted

Sher Mohammad v. The State Of Bihar

2019-01-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79549 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- KATORIYA District- Banka ====================================================== Sher Mohammad, Son of Jallad Miya, resident of village- Khagara, P.s. - Kunda, Distt.- Deoghar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Katoria P.S. Case No. 66 of 2018 for the offences punishable under Sections 307, 34 of the IPC and Section 27 of the Arms Act.

The allegation is regarding the co-accused persons having fired gun shot, resulting in fire-arm injury to the informant.

Learned counsel for the petitioner submits that there is no allegation as far as the petitioner is concerned of making any gun shot fire and the co-accused persons who have been alleged to have fired have already been granted bail by an order dated 15.01.2019 passed by coordinate Bench of this court in Cr. Misc. No. 62636 of 2018. It is further submitted that the petitioner

Patna High Court Cr.Misc. No.79549 of 2018(2) dt.24-01-2019 2/2 is innocent and has been falsely implicated in the present case. It is submitted that barring one case in which he is on bail, the petitioner is having a fair antecedent and he is languishing in custody since 26.06.2018.

Having regard to the fact and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Banka, in connection with Katoria P.S. Case No. 66 of 2018.

(Mohit Kumar Shah, J) khushbu/- U T