Regular bail application in a firing case where the informant's wife was injured. Petitioner cited FIR delay, omnibus allegations and simple blunt-object injuries. Court granted bail considering custody period.
Petitioner released on bail on furnishing bail bond of Rs.10,000 with two sureties of like amount to the satisfaction of the court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39979 of 2024
Arising Out of PS. Case No.-623 Year-2023 Thana- SAHARSA SADAR District- Saharsa
======================================================
Md. Pheku @ Md. Firoz S/o Late Md. Samim @ Shamim @ Sahim R/o vill - Saharsa Basti, ward no. 31, P.S. - Saharsa, Distt. - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
Patna High Court CR. MISC. No.39979 of 2024(4) dt.23-10-2024 2/3
petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of six days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that informant has named the petitioner only the on the basis of disclosure made by local people. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that from perusal of injury report the manner in which the occurrence took place is not corroborated as the injury is stated to be simple in nature caused by hard and blunt object. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.12.2023 and has one criminal antecedent.
Patna High Court CR. MISC. No.39979 of 2024(4) dt.23-10-2024 3/3
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 623 of 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in Saharsa Sadar PS Case No. 623 of 2023 under Sections 341, 307, 326, 34 IPC and Section 27 Arms Act.
5 provisions across 2 enactments
Md. Pheku @ Md. Firoz
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
