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Patna High CourtCR. MISC./79657/2024allowed

Md. Sahjada @ Sahjada Ansari v. The State Of Bihar

2025-03-27Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79657 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Vasudevpur District- Munger ====================================================== Md. Sahjada @ Sahjada Ansari Miraz Ansari @ Meraj @ Md. Miraz R/O Village- Hazisubhan (Haji Subhan) P.S- Purabsarai, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that son of the informant, namely, Bhavesh Kumar @ Santosh informed the informant that some unknown persons have fired at him near 'Lalmatiya Kabristan' as a result of which, he injured. On information, informant reached the place of occurrence and brought the injured to National Hospital. Later on, injured has given his statement before the police and in his statement, he

Patna High Court CR. MISC. No.79657 of 2024(4) dt.27-03-2025 2/3 has stated that three persons namely, Md. Sahjada @ Sahjada Ansari (the petitioner herein), Md. Sunny and one unknown persons has fired at him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. In this case, co-accused, namely, Md. Sunny has given his confessional statement in which she has stated that co-accused, namely, co-accused Naushi has fired at him. From perusal of the injury report, it transpires that the victim has received one gun shot injury. Further submission is that there is no specific allegation of firing against the petitioner. Moreover, the petitioner is languishing in judicial custody since 28.05.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Basudeopur P.S. Case No. 42 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.79657 of 2024(4) dt.27-03-2025 3/3 Judicial Magistrate- 1st Class, Munger.

(Ashok Kumar Pandey, J) Jagdish/- U T