Md. Atif Alam v. The State of Bihar
Case brief
What is this about?
Regular bail application in a firing murder case where the petitioner was unnamed in the FIR and implicated only through a co-accused's confessional statement, with no recovery from him. Court granted bail citing custody period and circumstances.
What did the court decide?
Enlarged on bail upon furnishing bail bond of Rs. 10,000 with two sureties of like amount.
What the court decided
A compact analysis
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.72481 of 2023
Arising Out of PS. Case No.-74 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Md. Atif Alam, Son of Late Md. Kamal Uddin Resident Of Village- Bichala Mohalla Ghazipur, P.S.- Tarapur, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abdul Mannan Khan, Advocate Mr. Allama Abdul Quadir Jamal Faridi, Advocate Mr. Hafiz Shahbaz Arif, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER
3 07-02-2024
Heard learned counsel for the petitioner and learned
APP for the State.
- The petitioner seeks regular bail in connection with Mojahidpur P.S. Case No. 74 of 2023 for the offences registered under Sections 307, 120B, 34 of the Indian Penal Code and Section 27 of Arms Act. Later on Section 302 of the Indian Penal Code was added.
Issues for consideration
1 issue framed by the court
Whether the petitioner, named via a co-accused's confession and in custody since March 2023, should be granted regular bail for IPC Sections 302/307/120B/34 and Arms Act Section 27 offences?
Parties & counsel
- petitioner
Md. Atif Alam
- respondent
The State of Bihar
Coram
Sunil Dutta Mishra
Case details
As recorded by the court registry
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