The Patna High Court granted bail to the petitioner under Section 302 IPC in a Sessions trial. The court noted the petitioner was in custody with clean antecedents and the witness's statement was not recorded confessional.
Petitioner released on bail on bond of Rs.10,000 with two sureties of like amount each.
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.2534 of 2019
Arising Out of PS. Case No.-86 Year-2018 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Md. Azam @ Ajam Shafi Sabir Alam @ Md. Sabir Alam, Resident of VillagePalasbari, Police Station- Rauta, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Advocate. For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 04-02-2019
Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Sessions Trial No. 195 of
2018 arising out of Kochadhaman P.S. Case No. 86 of 2018, instituted for the offence under Section(s) 302/34 of the Indian Penal Code.
It is alleged in the written report that younger brother of the informant namely, Hamid Raja was unmarried. His second brother has solemnised second marriage with Safiya Khatoon whose conduct was not good. She used to move with different person which was protested by Hamid Raja. It is alleged that about six months prior to the occurrence, Safiya Khatoon came closure to Md. Rehan Raja and Md. Azam (petitioner). Petitioner and Md. Rehan were going somewhere by Motorcycle and brother of the informant Hamid Raja was following him. Informant learnt that on 2.5.2018 at 6:00 p.m. his brother Hamid Raja has been killed on pukka road
Patna High Court Cr.Misc. No.2534 of 2019(3) dt.04-02-2019 2/2
situated at east side of Budigari village and a woman was caught hold. She disclosed her name as Safiya Khatoon. She disclosed before the villagers that brother of informant Hamid Raja was killed by this petitioner and Md. Rehan Raja by stabbing.
Counsel for the petitioner submits that he was not seen by any person on the spot. Police has not recorded confessional statement of the lady during investigation. It is merely mentioned in the written report that lady disclosed the name of this petitioner.
Petitioner is in custody since 10.9.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Kishanganj, in connection with Sessions Trial No. 195 of 2018 arising out of Kochadhaman P.S. Case No. 86 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J)
S.Ali/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner who is alleged of participation in murder.
Whether the lack of a recorded confessional statement by a female witness affects the case.
Whether the petitioner's clean antecedents warrant his release on bail.
1 provisions across 1 enactments
Md. Azam @ Ajam Shafi Sabir Alam
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
