Md Zabir Alias Zakir Alias Zabir And Ors. v. The State Of Jharkhand
Case brief
What is this about?
Bail petition by three petitioners accused of double murder under IPC sections 147, 148, 149, 302 and Arms Act section 27. Court rejected bail due to gravity of charge involving double murder.
What did the court decide?
Prayer for bail rejected. Petitioners denied bail.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 806 of 2016 1. Md. Zabir @ Zakir @ Zabir 2. Md. Guddu 3. Md. Zubair @ Md. Mukri ..... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioners : M/s Indrajit Sinha & Ganesh Pathak, Advocates For the State : A.P.P. --------
05/ 08.03.2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners have been made accused for the offences under Sections 147, 148, 149, 342, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Kotwali (Hindpiri) P.S. Case No. 661 of 2015 corresponding to G.R. No. 4700 of 2015.
The case relates to double murder and the informant is the eyewitness to the occurrence. There is allegation against eight named accused persons, including these petitioners, to have assaulted the deceased by Hockey Sticks etc. It is also alleged that the deceased were assaulted by firearm by the other co-accused.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has accordingly, prayed for bail.
Learned counsel for the State has opposed the prayer for bail.
In the facts of this case, since the case relates to double murder, in which there is allegation of assault against these petitioners also to have assaulted the deceased, I am not inclined to enlarge the petitioners, Md. Zabir @ Zakir @ Zabir, Md. Guddu and Md. Zubair @ Md. Mukri, on bail. Accordingly, their prayer for bail is rejected.
Issues for consideration
2 issues framed by the court
Whether the petitioners, accused of double murder and aiding and abetting, are entitled to bail.
Whether allegations of assault by firearm by co-accused affects the bail quantum.
Parties & counsel
- petitioner
Md. Zabir @ Zakir @ Zabir
- petitioner
Md. Guddu
- petitioner
Md. Zubair @ Md. Mukri
- respondent
The State of Jharkhand
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · March
- Registered
- Case no.
- B.A./806/2016
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