Mohammad Khan @ Mohammad Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81544 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Mohammad Khan @ Mohammad Raza Son Of Md. Shahab Uddin R/O Village- Baluahi, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinava Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 326, 307/34 of the Indian Penal Code. The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner surrounded the informant and his brother and this petitioner shot fire at the informant which hit on his shoulder. The accused persons also shot fire at the brother of the informant but he somehow managed to save himself. They also took away cash of Rs. 40,000/-

Patna High Court CR. MISC. No.81544 of 2023(2) dt.20-12-2023 2/3 from his packet.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 21.08.2022, the F.I.R was registered on 30.08.2022 without explaining the delay. The doctor who examined the informant has found one lacerated wound on the right shoulder and opinion was reserved, which simply suggests that injuries are simple in nature. The petitioner is languishing in custody since 14.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.81544 of 2023(2) dt.20-12-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Gaya in connection with Wazirganj P.S. Case No. 478 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T