This order grants bail to the petitioner in a murder case. The court found lack of substantive material connecting the petitioner to the alleged offences and noted that a similarly placed co-accusa
Petitioner directed to be released on bail by furnishing a bail bond of Rs. 20,000 with two sureties of the 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.10596 of 2022
Arising Out of PS. Case No.-95 Year-2021 Thana- PRANPUR District- Katihar
======================================================
Md, Kalam, Son of Late Juddin @ Juddin Mansuri, Resident of VillageKhangama, P.S. Azamnagar, District-Katihar
... ... Petitioner
Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Md. Musowir, Advocate For the Opposite Party/s : Mr. Vinod Shanker Modi, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
4 20-12-2022
Heard learned counsel for the petitioner and learned
APP for the State.
Let the defect (s), if any, as pointed out by the office,
be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with S.T. No. 308 of 2021 arising out of Pranpur P.S. Case No. 95 of 2021 registered for the alleged offences under Sections 302, 120(B)/34 of the Indian Penal Code.
As per prosecution case, the brother of the informant was murdered due to illicit relationship of his wife with coaccused Md. Jakir. The informant saw the co-accused running away from the place where the murder of his brother was committed.
The learned counsel appearing for the petitioner submits that the petitioner is innocent and has been falsely
Patna High Court CR. MISC. No.10596 of 2022(4) dt.20-12-2022 2/3
implicated in this case. The petitioner is not named in the F.I.R. and he has been named in this case on the basis of statement of witness Pankaj Yadav, which was recorded during investigation, in which, he disclosed that he identified three persons including the petitioner who were found fleeing away from the spot. Learned counsel further submits that it is clear from the F.I.R. that occurrence took place in the background of illicit relationship of the wife of the deceased with co-accused Md. Jakir and petitioner has got no concern with her. In this case charges have been framed and the petitioner is in custody since 26.06.2021. Learned counsel further submits that similarly placed co-accused Md. Masum @ Masum Akhtar has been granted bail by a Co-ordinate Bench of this Court vide order dated 11.08.2022 passed in Criminal Misc. No. 16313 of 2022.
Learned APP for the State opposes the prayer for bail submitting that one of witnesses, namely Pankaj Yadav, during investigation named this petitioner fleeing away along with two other persons including co-accused Md. Jakir in the night of occurrence.
Perused the record.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.10596 of 2022(4) dt.20-12-2022 3/3
lack of substantive material against the petitioner to connect him with the offences as alleged and further considering the grant of bail to the similarly placed co-accused Md. Masum @ Masum Akhtar vide order dated 11.08.2022 passed in Criminal Misc. No. 16313 of 2022 and also considering the framing of charge along with period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 20,000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Katihar, in connection with S.T. No. 308 of 2021 arising out of Pranpur P.S. Case No. 95 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/- U T
1 issue framed by the court
Whether the petitioner is eligible for bail considering lack of substantive material connecting him to the offences and similar placement with a co-accused granted bail.
Colour shows how this judgement treated each authority
Criminal Misc. No. 16313 of 2022Relied on¶22
1 provisions across 1 enactments
Md, Kalam
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Arun Kumar Jha
Parties & counsel
