Sheikh Julfkar @ Sheikh Julfkar Ali @ Sheikh Bhot @ Zulfkar @ Bhot v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4681 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- SIKTA District- West Champaran ====================================================== SHEIKH JULFKAR @ SHEIKH JULFKAR ALI @ SHEIKH BHOT @ ZULFKAR @ BHOT, Son of Sheikh Ejajul, Resident of VillageMahammadwa, P.S.- Gopalpur, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsels for the petitioner, informant and the State.
The petitioner is languishing in custody since 26.10.2018 in a case registered for the offences punishable under Sections 307and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per the written report of Quamrul Hoda submitted to the S.H.O., Sikta P.S. is to the effect that on 25.10.2018, the informant along with his grand son, Sheikh Istkhar went to kiln to inspect the work of the labourers and when they were returning home. As soon as they reached home informant heard sound of gun shot firing. When the informant reached at the spot of the gun shot firing, he found
Patna High Court Cr.Misc. No.4681 of 2019(2) dt.29-01-2019 2/3 his grand son soaked in blood. On enquiry, his grand son disclosed the name of nine accused persons including the petitioner, who resorted to fire upon him.
It is submitted by learned counsel from the petitioner that the informant is not the eye witness to the said occurrence. It is further submitted that the statement of the injured, Sheikh Istkhar recorded during investigation, where he stated that he did not recognize any of the shooter persons who fired upon him. A statement to that effect has been made in paragraph no.7 of the petition, which reads as follows:
"7. That the case has been lodged with general allegation that Sheikh Istkhar disclosed that eight persons including the petitioner while fleeing away after firing, but statement of the injured Sheikh Istkhar has been recorded on paragraph no.41 of the case-diary, wherein he has clearly stated that he saw none firing on him."
A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned counsel for the informant submits that the petitioner is named in the FIR as one of the shooter. Considering the fact that the informant named the petitioner and other co-accused persons on the basis of statement of the victim but the victim has not named the petitioner in the statement recorded during investigation,
Patna High Court Cr.Misc. No.4681 of 2019(2) dt.29-01-2019 3/3 coupled with the fact that a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Champaran at Bettiah, in connection with Sikta P.S. Case No.109 of 2018. The bail bonds of the petitioner shall be accepted by the learned Court below on verification of the fact that the victim in his statement recorded during investigation, has not named the petitioner. If it is found that the victim has named the petitioner during investigation, the bail bonds of the petitioner will be cancelled.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T