The Court declined pre-arrest bail to the petitioner as he was arrested under Sections 341, 323, 307, 504, and 506/34 IPC and 27 of the Arms Act, 1959: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 123621 Arising Out of PS. Case No. 116 Year 2020 Thana MUNGER MUFFASIL District Munger Md Irshad Male aged about 25 years Son of Mohd Jameel Resident of Village Banaudha PS Muffasil District Munger The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Mr. Shivendra Kumar Sinha Advocate Mr. Niranjan Parihar APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24 08 2021 The matter has been heard via video conferencing 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner which was 3. Heard Mr. Shivendra Kumar Sinha learned counsel for the petitioner and Mr. Niranjan Parihar learned Additional Public Prosecutor for the 4. The petitioner apprehends arrest in connection with Muffasil PS Case No. 1120 dated 14.05.2020 instituted under Sections 341 323 307 504 and 506 34 of the Indian Penal Code and 27 of the Arms Act 1959. Patna High Court CR. MISC. No.123621 dt.24 08 2021 5. The allegation against the petitioner and others is that they had come to the house of the informant and had abused and threatened to withdraw the case filed by the nephew of the informant against the accused persons and thereafter of having assaulted by iron rod and specifically against the petitioner is that he had fired which hit the inside wall after breaking the window 6. Learned counsel for the petitioner submitted that they had earlier filed Muffisil PS Case No. 1120 against the informant and others. It was submitted that no injury has been caused to anybody. It was submitted that the FIR has been lodged after almost three hours of the incident 7. Learned APP submitted that from the FIR itself it is clear that the accused including the petitioner had real motive to commit the crime as they were accused in the earlier case filed by the nephew of the informant and for getting the same withdrawn they had tried to exert undue pressure. It was further submitted that the allegation in the FIR is corroborated by recovery of empty cartridge. As far as the other case is concerned it was submitted that the same has to be seen on its own merits. Moreover it was submitted that the present FIR has been lodged at 9:45 AM on 14.05.2020 and the time of the incident is said to be 8:30 AM Patna High Court CR. MISC. No.123621 dt.24 08 2021 whereas the petitioner’s side had filed the case on 14.05.2020 at 9:30 AM for an incident which is said to have taken place between 4:00 PM on 12.05.2020 and 10:00 AM on 13.05.2020 and thus the delay in lodging of the said case is almost 24 hours 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties the Court is not inclined to grant pre arrest bail to the petitioner. 9. Accordingly the petition stands dismissed (Ahsanuddin Amanullah J

Summary:  The petitioner was arrested under Section 341 of the Indian Penal Code, “Punishment for wrongful restraint”, section 323, “ Punishment for voluntarily causing hurt”, section 307, “Attempt to murder”, section 504, “Intentional insult with intent to provoke breach of the peace”, section 506, “Punishment for criminal intimidation”, section 34 IPC, “Acts have done by several persons in furtherance of common intention” and section 27 of the Arms Act, 1959, “Punishment for using arms, whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.” This present petition is in connection with Muffasil PS Case No. 116 of 2020 dated 14.05.2020. In the high court of Judicature at Patna, this judgment was given by honorable Mr. Justice Ahsanuddin Amanullah on the 21st of August 2021 in the case of Md Irshad versus the state of Bihar criminal miscellaneous No. 12365 of 2021 Mr. Shivendra Kumar Sinha Represented as the advocate for the petitioner, and Mr. Niranjan Parihar represented the state of Bihar as the additional Public Prosecutor, the proceedings of the court were held via video conference. The following are the facts of the case, the petitioner and others have been accused of entering the house of the informant and abused and threatened to withdraw the case filed by the nephew of the informant against the petitioners and they further assaulted the informant with an iron rod and the petitioner especially was accused of firing with his gun which is a violation under the arms act which hit the inside wall after breaking the window glass. The counsel for the petitioner held that the FIR was lodged almost 3 hours before the incident and the delay for the same was no explained. The petitioners have also filed a case against the informant however there has been no injury caused to anyone despite the scuffle and the petitioners have been falsely implicated for the same. The additional public prosecutor held that according to the FIR, it clearly indicated the petitioner has mens rea which is motive and intention to commit this crime as they were also accused by an earlier case filed by the nephew of the informant and they used force and exerted pressure to withdraw the case. Further, the APP held that after investigation they have recovered an empty cartridge which proves the incident was done mala fide.  Regarding the delay in the FIR, which was lodged by the informant it was lodged at 9:45 AM on the 14th May 2020 and the incident took place at 8:30 AM, whereas the petitioner’s lodged an FIR with a delay of almost 24 hours and therefore it is inapplicable to grant bail for the same. The court concluded that “Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioner.  Accordingly, the petition stands dismissed.”