Justice Harish Kumar granted bail to the petitioner in a murder trial. The court found that the petitioner was not named in the FIR, lacked material proof of complicity, and had no criminal record, despite the case being investigated fully.
Released on bail bonds of Rs. 20,000 with two sureties of similar amount releasing him from custody.
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.56133 of 2021
Arising Out of PS. Case No.-22 Year-2021 Thana- ABADPUR District- Katihar
======================================================
MUJAHID Son of Rafique Alam R/O- Gwal Toli, P.S.- Abadpur, Distt.Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 16-05-2022
Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Abadpur P.S.Case No. 22 of 2021 for the offences punishable under Sections 302/34 of the Indian Penal Code.
As per the prosecution case, it is alleged that on 04.03.2021, the daughter of the informant was not found present at home and thereupon search was made but she could not trace. On 05.03.2021 the villagers asked that the dead body of the daughter of the informant was found in the
Patna High Court CR. MISC. No.56133 of 2021(3) dt.16-05-2022 2/4
field, who was killed by tying of her sari in her neck. It is further alleged that the husband of the informant ,who was residing at Kolkata stated on his mobile that one person namely, Raj was continuously giving threatening on his mobile no. 9608984131 that his daughter shall be killed. On the basis of aforesaid allegation, F.I.R has been instituted against holder of mobile no. 8828454820 and other unknown persons.
It is submitted by the learned counsel for the petitioner that petitioner is neither named in the FIR .nor he is the holder of the mobile number mentioned in the FIR. The name of the petitioner transpired on the confessional statement of Md. Shabbir, who was apprehended by the police. It is also submitted that during course of investigation, except suspicion no material has come which suggest the complicity of the petitioner in the alleged crime. During course of investigation, it has also come that the deceased had illicit relation with Md. Shabbir.
On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that co-accused Md. Shabbir has confessed his guilt and in
Patna High Court CR. MISC. No.56133 of 2021(3) dt.16-05-2022 3/4
his confession active participation of this petitioner has also transpired.
Having heard the rival contentions of the parties and taking into consideration the fact that, petitioner is neither named in the FIR nor he is holder of the mobile number which was disclosed in the FIR and except suspicion, there is no other material which suggest the complicity of the petitioner in the alleged crime. Petitioner is in custody since 10.03.2021 having no criminal antecedent. Moreover, investigation has already been completed and charge sheet has submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, III, Katihar in connection with Session trial no. 152 of 2021 arising out of Abadpur P.S.Case No. 22 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of
the trial.
Patna High Court CR. MISC. No.56133 of 2021(3) dt.16-05-2022 4/4
(ii) He will remain present on each and every date
of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J)
N.K/-
U
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where he is not named in the FIR and lacks criminal antecedents.
1 provisions across 1 enactments
Mujahid Son of Rafique Alam
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
