Md. Azad vs The State Of Bihar
2021 Latest Caselaw 32 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.31802 of 2020
          Arising Out of PS. Case No.-48 Year-2020 Thana- SINGHIYA District- Samastipur
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1. Md. Azad, aged about 32 years (Male), Son of Md. Mustak

2. Sajan Ram, aged about 28 years (Male), Son of Upendra Ram

Both Resident of Village-Lilhaul, P.S-Singhiya, District-Samastipur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s     :       Mr. Manoj Kumar with

                                      Mr. Vinay Kumar Mishra, Advocates

     For the State            :       Mr. Ram Naresh Roy, APP

     For the Informant        :       Mr. Gaurav Kumar, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT Date : 05-01-2021

Heard Mr. Manoj Kumar, learned counsel, along with

Mr. Vinay Kumar Mishra, learned counsel for the petitioners;

Mr. Ram Naresh Roy, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State and Mr.

Gaurav Kumar, learned counsel for the informant.

2. The petitioners are in custody in connection with

Singhiya PS Case No. 48 of 2020 dated 09.04.2020, instituted

under Sections 302/34 of the Indian Penal Code. Patna High Court CR. MISC. No.31802 of 2020 dt.05-01-2021

3. The allegation against the petitioners is that they along

with other accused had killed the son of the informant.

4. Learned counsel for the petitioners submitted that the

petitioner no. 1 is the full brother of the informant and petitioner

no. 2 is his labourer. It was submitted that from the FIR itself it

is clear that the disclosure has been made by one Md. Bijli

leading to recovery of the body. It was submitted that it is

improbable and highly doubtful that Md. Bijli would know the

exact location of the dead body when he claims to have saved

himself by running away. It was further pointed out that even in

the so-called confessional statement of the petitioners, that too,

before the police, Md. Bijli does not figure anywhere and most

importantly the injury report of Md. Bijli is simple in nature

which would not have made him so incapacitated that he could

not report that the deceased was being brutally assaulted.

Learned counsel submitted that the petitioners having no

criminal antecedent are in custody since 11.04.2020.

5. Learned APP and learned counsel for the informant

submitted that the petitioners have confessed about their

involvement. However, they could not explain as to why the

petitioners have not even stated with regard to Md. Bijli, much

less about him having been assaulted and that the injury report Patna High Court CR. MISC. No.31802 of 2020 dt.05-01-2021

of Md. Bijli discloses the same to be simple in nature.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioners be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) each with two sureties of the

like amount each to the satisfaction of the learned Additional

Chief Judicial Magistrate, Rosera, Samastipur in Singhiya PS

Case No. 48 of 2020, subject to the conditions (i) that one of the

bailors shall be a close relative of the petitioners, (ii) that the

petitioners and the bailors shall execute bond with regard to

good behaviour of the petitioners, and (iii) that the petitioners

shall also give an undertaking to the Court that they shall not

indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of their bail

bonds. The petitioners shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of their bail bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned Patna High Court CR. MISC. No.31802 of 2020 dt.05-01-2021

counsel for the petitioners latest by Monday (11.01.2021).

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T