Md. Ayub v. The State Of Bihar

Patna High Court Cr.Misc. No.48945 of 2015 (2) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48945 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -KARJAIN District- SUPAUL ======================================================

1. Md. Ayub Son of Md. Sakrullah, resident of village - Majhari, P.S. Niramalli, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Amit Kr.Rakesh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

Md. Yusuf was kidnapped on 21.07.2015 at about 7:30 P.M. while he was in a way to his house on motorcycle. Informant, his brother made hectic search but without any fruitful result.

From the order impugned, it is evident that on account of dispute in between the victim, Md. Yusuf, Md. Naeem. Md. Naeem hatched a plan wherein Md. Yusuf was kidnapped and murdered. His dead body was traced out. There happens to be arrest of Md. Naeem, his wife and Md. Mukhtar as well as a mobile phone belonging to the deceased, Md. Yusuf was recovered, however, petitioner's presence happens to be on the basis of inculpatory extra-judicial confessional statement of co-

Patna High Court Cr.Misc. No.48945 of 2015 (2) dt.04-11-2015 accused coupled with his own confessional statement. Accordingly, petitioner, Md. Ayub is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class-Birpur, Supaul in connection with Karjain PS Case No. 43/2015.

(Aditya Kumar Trivedi, J) perwez U T