Shahnawaz @ Md. Shahnawaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86933 of 2024 Arising Out of PS. Case No.-701 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Shahnawaz @ Md. Shahnawaz S/o Late Abu Nasar @ Abu Nasar Resident of Village- Badki Singahi, P.S.- Ara Nagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mrs. Vaishnavi Singh For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 109, 61(2) of the Bhartiya Nayay Sanhita and Section 27 of the Arms Act.
3. The prosecution case, as alleged by the informant, is that he works as a broker of land and in the year 2023, informant purchased 5 katha of land from his cousin sister Mashuda Khatoon through registered sale-deed and thereafter, in the month of September, the informant went over the said land for carrying out its measurement where petitioner and other co-accused restrained informant from measurement of land, scuffled with him and also threatened him with dire
Patna High Court CR. MISC. No.86933 of 2024(6) dt.02-05-2025 2/3 consequences. It is further alleged that on 24.10.2024 at about 10.15, while the informant was going to the shop of Appu Singh on his scooty and reached near Birganj Barrier, three miscreants riding on motorcycle covering their faces fired upon informant, which hit his leg, as a result of which, informant fell down from his scooty and when informant tried to flee away, all the accused persons fired upon him, on account of which, informant sustained fire-arm injuries. It is further alleged that few distance away, this petitioner and other co-accused persons were hiding themselves and were following the informant.
4. Learned counsel for the petitioner submits that there is no allegation of firing against this petitioner and only allegation against this petitioner is that he alongwith other coaccused were standing a few distance away from the place of occurrence. Petitioner has been falsely implicated in this case in order to settle a land dispute. Petitioner is in custody since 25.10.2024.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.86933 of 2024(6) dt.02-05-2025 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara / concerned Court in connection with Ara Town P.S. Case No. 701 of 2024.
(Prabhat Kumar Singh, J) anay U T