Md. Sakil Ahmad @ Md. Sakil And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24225 of 2014 Arising Out of PS.Case No. -44 Year- 2013 Thana -AGHORA District- BHABHUA (KAIMUR) ======================================================
1. Rasid Ansari @ Rashid Ansari S/o Salim Ansari, Resident of VillageMadapa, P.S.- Adhoura, District- Kaimur (Bhabua) .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.31795 of 2014 Arising Out of PS.Case No. -44 Year- 2013 Thana -AGHORA District- BHABHUA (KAIMUR) ======================================================
1. Md. Sakil Ahmad @ Md. Sakil S/o Md. Amaluddin
2. Maksud Khan @ Manu S/o Sageer (Ansari) Khan Both are Resident of Village Adhwara, Police Station Kaimur, District Kaimur. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.46305 of 2014 Arising Out of PS.Case No. -44 Year- 2013 Thana -ADHAURA District- BHABHUA (KAIMUR) ======================================================
1. Tayab Sah @ Tayab Sah Khan @ Pintu Son of Yaqoob Sah Resident of Village - Babhni, P.Sd.-Adhaura, Dist.-Kaimur
2. Rajesh Uraon, Son of Manbahal Uraon, Resident of Village - Bhaluari, P.S.-Rohtas, Dist.-Rohtas .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.24225 of 2014) For the Petitioner : Mr. Rakesh Singh For the Opposite Party : Mr. U.L.Verma (App) (In Cr.Misc. No.31795 of 2014) For the Petitioners : Mr. Prabhakar Jha For the Opposite Party : Mr. Indu Kumari Srivastav (App) (In Cr.Misc. No.46305 of 2014)
Patna High Court Cr.Misc. No.24225 of 2014 (5) dt.19-01-2015 2/3 For the Petitioners : Mr. Syed Asgher Najmi For the Opposite Party : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2015 Petitioners are languishing in custody since 27.12.2013 and 29.12.2013 in a case registered for the offences punishable under Sections 363, 365, 120(B)/34 of the I.P.C. Subsequently Sections 302, 201, 364 I.P.C were also added. Accusation is kidnapping and killing son and two nephews of the informant. During course of investigation the petitioner Md. Sakil Ahmad was apprehended who confessed the guilt and on his confession other petitioners were apprehended who also confessed their guilt. On confession of petitioner Md.
Sakil Ahmad the dead bodies were recovered along with the arms used in commission of the offence and mobile of the victims from the possession of Md. Sakil Ahmad. It is submitted by learned counsel for the petitioners Tayab Sah and Rajesh Uraon that their confession are very brief and the specific admission is only of Md. Sakil Ahmad and only on the basis of confession before the police these petitioners have been roped in. It is submitted by learned counsel appearing on behalf of petitioner Md. Sakil Ahmad that confession is before the police and the arms seized from the petitioner was not sent to the ballistic expert for examination.
Patna High Court Cr.Misc. No.24225 of 2014 (5) dt.19-01-2015 3/3 since in pursuance to the confession all the three dead bodies, arms used for killing the victim and the motorcycle and mobile of the victims were recovered. Moreover trial is at the advanced stage.
Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioners. Accordingly the applications are dismissed in connection with Adhaura P.S. Case No. 44 of 2013, Sessions Trial No. 97 of 2014, pending in the Court of learned Adhoc Additional District Judge-I, Bhabhua.
(Dinesh Kumar Singh, J) Shageer/- U T