Mangla @ Zabir Alam @ Zabir @ Md. Zabir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7621 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- AMAUR District- Purnia ====================================================== Mangla @ Zabir Alam @ Zabir @ Md. Zabir S/o Jamal @ Jamaluddin R/o vill - Belka, Panchayat- Dalmalpur, P.S. - Amour, Distt.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bailin connection with Amour P.S. Case No. 198 of 2024 dated 20.05.2024 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, on 19.05.2024 at about 6P.M., the petitioner came to the house of the informant and took away her husband and her husband did not return to his house and the informant tried to contact with her husband but his mobile was found switched off. On 20.05.2024 at about 7 A.M., the dead body of the informant's husband was found at the bank of the Das river. The throat of the dead body was slit
Patna High Court CR. MISC. No.7621 of 2025(3) dt.04-09-2025 2/3 with a sharp edged weapon and he sustained a knife injury in her stomach.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case on mere suspicion. The name of the petitioner has come in this case in the self-confessional statement of the petitioner. The charge-sheet has been submitted against the petitioner. It is further submitted that there is no eye-witness to the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2024. The coaccused person has already been granted regular bail by this Court vide order dated 05.10.2024 passed in Cr. Misc. No. 64046 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the deceased was last seen alive with the petitioner. It is further submitted that the specific allegation of committing murder is against the petitioner. The petitioner in his confessional statement has stated that he called the deceased and took her near the bank of the Das river on motorcycle and the co-accused Akbar Hussain was also present there. The petitioner inflicted
Patna High Court CR. MISC. No.7621 of 2025(3) dt.04-09-2025 3/3 blow on the deceased with sharp edged weapon, thereafter he and the co-accused caught hold of his hand and the co-accused Akbar Hussain slit the throat of the deceased. As per the postmortem report of the deceased, the cause of death is due to haemorrhage and shock due to multiple injuries caused by sharp cutting instrument.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Amour P.S. Case No. 198 of 2024, pending in the Court of learned 2nd Additional Sessions Judge, Purnea.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
8. The application stands rejected.
(Chandra Prakash Singh, J) shivam/- U T