Md. Gulfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76378 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Md. Gulfan Son Of Wahav Ansari Resident Of Village - Rampur Ward No.7, Police Station - Bihariganj, District - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 323, 341, 379, 504, 506, 307 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that while the informant was going on his motorcycle, three miscreants including the petitioner, on a motorcycle, intercepted him. It is further alleged that the petitioner snatched gold chain, Rs. 5,000/- cash and motorcycle (Reg. No.

Patna High Court CR. MISC. No.76378 of 2023(3) dt.27-02-2024 2/3 BR-01AL-6435) from the possession of the informant and shot the informant due to which he sustained injuries in his abdomen.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no recovery of arms or cartridges from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 15.04.2023.

In contra, learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that the petitioner is named in the F.I.R. and there is specific allegation against him to shot the informant due to which he sustained injuries in his abdomen. Injury report also corroborates with the prosecution version of the case. During investigation, several witnesses have supported the prosecution case. Petitioner has criminal antecedents in six other cases. Having heard the learned counsel for the

Patna High Court CR. MISC. No.76378 of 2023(3) dt.27-02-2024 3/3 parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T