Md. Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72430 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- HABIBPUR District- Bhagalpur ====================================================== MD. BANTI, aged about 28 years, (Male), Son of Md. Sattar @ Abdul Sattashra, Resident of Village - Bhathuabari, P.S.- Habibpur, Distt.- Bhagalpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Shiwesh Chandra Mishra, Advocate.

For the Opposite Party :

Mr.Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 386, 387 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 05.06.2019 at about 9.30P.M. in the night, the informant was sitting by the side of road, in the meantime, co-accused Md. Munna @ Bhamera and Md. Banti (petitioner) came and Md. Munna @ Bhamera demanded Rs. 2,00,000/- as Rangdari from the informant. On refusal, Munna abused the informant and on his

Patna High Court CR. MISC. No.72430 of 2019(2) dt.18-11-2019 2/3 order, Md. Banti (petitioner) opened firearms on him which did not hit him.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 07.06.2019. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation is that co-accused Md. Munna @ Bhamera demanded Rs. 2,00,000/- as Rangdari from the informant and on refusal, on the order of co-accused Md. Munna @ Bhamera, this petitioner opened firearms on the informant. The said allegation is denied by the petitioner. Due to previous enmity, the petitioner has been made accused in the present case. It is further submitted that the petitioner may be released on bail after completion of six months in custody.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Patna High Court CR. MISC. No.72430 of 2019(2) dt.18-11-2019 3/3 connection with Habibpur P.S. Case No. 82/2019. (Sudhir Singh, J) U.K./- U T