Ali Hussain @ Mohammad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73626 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Ali Hussain @ Mohammad Ali Son of Late Suleman Resident of VillageManpura, P.S.- Vaishali, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Chandra For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending 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. It is alleged against the petitioner that in the background of kidnapping of the daughter of Shankar Sah by the petitioner, the petitioner fired at the informant, Umakant Singh but it hit Shivnandan Singh.
It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, no case under Section 307 of the Indian Penal Code is made out against the petitioner.
Learned APP submits that the accusation of firing is
Patna High Court CR. MISC. No.73626 of 2019(3) dt.06-03-2020 2/2 specific against the petitioner and the injury corroborates the accusation.
Considering the injury caused to Shivnandan Singh from the firing made by the petitioner, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Vaishali P.S. Case No. 230 of 2019, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T