Md. Nasir @ Kankhal vs The State Of Bihar
2021 Latest Caselaw 1652 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31945 of 2020
      Arising Out of PS Case No.-34 Year-2020 Thana- SURSAND District- Sitamarhi
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Md. Nasir @ Kankhal, aged about 22 years (Male), Son of Md. Israil Darji, Resident of Village - Parsa (Kumha), PS- Sursand, District - Sitamarhi.

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

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Nagendra Prasad, APP For the Informant : Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-03-2021

Heard Mr. Ashok Kumar Jha, learned counsel for the

petitioner; Mr. Nagendra Prasad, learned Additional Public

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

Mr. Uday Kumar, learned counsel for the informant.

2. The petitioner apprehends arrest in connection with

Sursand PS Case No. 34 of 2020 dated 24.01.2020, instituted

under Sections 302 and 201 of the Indian Penal Code.

3. The allegation against the petitioner, though not

named in the FIR, along with others, is of killing the brother of the

informant.

4. Learned counsel for the petitioner submitted that

besides having no criminal antecedent, he has been made accused Patna High Court CR. MISC. No.31945 of 2020 dt.23-03-2021

without there being any legal evidence against him. It was

submitted that the FIR is against unknown persons and the police

had arrested one Md. Ashfaque and Md. Edue, who were last seen

with the deceased and they have made their confessional

statement before the police stating that the role of the petitioner in

the murder of the brother of the informant was that he along with

another co-accused had tied the neck of the deceased with a

gamcha and had tightened it leading to strangulation. It was

submitted that except for the confessional statement of the said

two arrested co-accused, no other evidence has come during

police investigation. Further, it was submitted that no motive has

been assigned as to why the petitioner would be a party to such a

heinous crime.

5. Learned APP, from the case diary, submitted that both

the arrested persons had specifically stated with regard to the

petitioner being one of the persons who had actually strangulated

the deceased.

6. Learned counsel for the informant submitted that the

version in the confessional statement is corroborated by the

postmortem report where mark of strangulation has been found on

the neck and cause of death is also strangulation. Learned counsel

submitted that there is also no reason for false implication of the Patna High Court CR. MISC. No.31945 of 2020 dt.23-03-2021

petitioner. Learned counsel submitted that application for regular

bail of co-accused Md. Ashfaque and Md. Edue has been recently

rejected by a co-ordinate Bench.

7. Having considered the facts and circumstances of the

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

is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, on submission of learned counsel for the

petitioner, it is observed that if the petitioner appears before the

Court below and prays for bail, within four weeks from today, the

same shall be considered on its own merits, in accordance with

law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T