ANZAR KHAN @ MD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State.

(2.) Since the petitioner of both the aforesaid applications apprehended his arrest in connection with Kotwali P.S. Case No. 644 of 2018, registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, therefore, both the applications have been heard together and are being disposed of by this common order.

(3.) The accusation is that on 21st September, at about 1 P.M., Tabrej Alam @ Tabbu, husband of informant, Shamma Praveen, had gone to Mosque to offer the Friday prayer. When her husband, Tabrej Alam @ Tabbu came out from Mosque at 3.00 P.M. and proceeded towards his vehicle, which was standing near Indian Gas Agency, Kotwali, both petitioners along with Rumi Mallick, Tarikh Mallick, Guddu, Bablu and Dablu shot fire at Tabraj Alam @ Tabbu, husband of the informant. Her husband, Tabraj Alak @ Tabbu was usually talking at the time of breakfast and lunch to the informant that aforesaid persons may commit his murder at any time. In the month of December, 2017, they made attempt to kill her husband, regarding which, an F.I.R. was instituted in Kotwali Police Station. Further claim is that since three months, the land dispute is going on in between her husband and the accused.