Md. Akram Vs the State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54179 of 2024

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Arising Out of PS. Case No.-175 Year-2023 Thana- MAHISHI District- Saharsa

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======================================================

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Md. Akram S/O Nur Alam @ Noor Mohammad @ Md. Sanaullah R/O Village- Jalai, P.S.- Mahesi, Distt.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisu Zzoha, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 25-09-2024 Heard the learned Advocate for the petitioner and the

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learned APP for the State.

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The petitioner seeks regular bail, who is in custody in connection with Sessions Trial No. 419 of 2023, arising out of Mahisi (Jalai O.P.) P.S. Case No. 175 of 2023, registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code.

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The FIR has been instituted against unknown person, when the dead body of the son of the informant was found lying in a bush, who was strangulated to death.

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Learned Advocate for the petitioner contended that admittedly, the FIR has been instituted against unknown

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Patna High Court CR. MISC. No.54179 of 2024(3) dt.25-09-2024 2/4

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miscreants. However, during the course of investigation, on the basis of call details report, co-accused Md. Shamshai was apprehended by the police. The name of the petitioner has sprung up on the confessional statement of co-accused Md. Shamshai and thereafter, basing upon the call details report, the petitioner was apprehended and put behind the bar. It is further contended that the petitioner is none else but the own brother-inlaw of the deceased and, as such, there is no motive to causing his death. It is also contended that there is no eyewitness to the alleged occurrence and the entire case is based upon confessional statement and circumstantial evidence, but the chain of the circumstances is not complete pointing towards the complicity of the petitioner. The petitioner is a down trodden person, work as a labourer in Delhi and only because of the fact that on the fateful day, he was present in the village, his name has been implicated in this case, that too on suspicion. Be that as it may, now the petitioner has been incarcerated since 09.08.2023 for over a period of one year and the charges have also been framed.

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On the other hand, learned APP for the State vehemently opposes the bail application and submits that the coaccused Md. Shamshai has admitted his complicity in the crime

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Patna High Court CR. MISC. No.54179 of 2024(3) dt.25-09-2024 3/4

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along with the petitioner. It has also come that the deceased was lastly seen with the company of co-accused.

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Regard being had to the submissions made on behalf of the parties and considering the fact that the present case is based on circumstantial evidence and now the petitioner has been incarcerated for over a period of one year, having fair antecedent and there is no material suggesting any motive of the crime, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge – II, Saharsa in connection with Sessions Trial No. 419 of 2023, arising out of Mahisi (Jalai O.P.) P.S. Case No. 175 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates

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Patna High Court CR. MISC. No.54179 of 2024(3) dt.25-09-2024 4/4

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without any cogent reason, his bail bonds will liable to be cancelled.

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(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

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(Harish Kumar, J)

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shivank/-

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U T

Md. Akram v. the State of Bihar

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Md. Akram v. the State of Bihar

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