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Patna High CourtCR. MISC./84286/2025bail granted

Md Hero @ Hirwa @ Jiyaul Haque v. The State Of Bihar

2025-12-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84286 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md Hero @ Hirwa @ Jiyaul Haque S/o Md Jehangir, R/o Mohalla- Bakarpur, P.S.- Mufassil, Dist. Munger.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md Murad Ashraf, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Munger Muffasil P.S. Case No. 267 of 2025 dated 26.07.2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 352 and 351(2) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner shot at the son of the informant and the shot hit the son of the informant on his left scapular region.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case and some scuffle took place between the son of the informant and this petitioner. The son of the informant and his friend used to tease and harass the cousin of the petitioner.

Patna High Court CR. MISC. No.84286 of 2025(2) dt.09-12-2025 2/3 But, the son of the informant never paid any heed to the warning of the petitioner not to do so. They further used to mock the petitioner and his family. Learned cousnel further submits that nothing incriminating has been recovered from person or possession of this petitioner. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 01.08.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner and submits that there is specific allegation of firing against this petitioner and injury report shows simple injury caused by firearm on the left scapular region.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner, his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger / concerned Court, in connection with Munger Muffasil P.S. Case No. 267 of 2025, subject to the

Patna High Court CR. MISC. No.84286 of 2025(2) dt.09-12-2025 3/3 condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T