Vakruddin @ Vakrid Alam @ Vakrie v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 11410 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- SHAMPUR District- Munger ====================================================== Vakruddin @ Vakrid Alam @ Vakrie S/o- Late Shekh Ibrahim Resident Of Village- Guara, Ps- Shampur, Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sadanand Paswan For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-02-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Sessions Trial No. 352 of 2024 arising out of Shampur P.S. Case No. 11 of 2024, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 326(a), 307, 302, 504 and 120(B) of the Indian Penal Code.
3. While the son of the informant went to his sasural to bring his wife, in the meantime, on account of some dispute, all the accused persons caught hold of the son of the informant and started abusing and assaulting him brutally, leading to his death during the treatment in the hospital.
4. Learned Advocate for the petitioner contended that the narrations made in the FIR clearly suggest omnibus nature
2/4 of allegation of causing assault against all the nine named accused persons. Moreover, the petitioner is said to be present at the place of occurrence with a pistol in his hand, though there is no fire arm injury over the body of the deceased; rather allegation has been levelled that all the accused persons have assaulted the son of the informant by means of lathi, danda and iron rod. Considering the omnibus nature of allegation, other coaccused persons have been allowed the prayer for bail by this Court in Cr. Misc. No. 60172 of 2024, Cr. Misc. No. 63858 of 2024, Cr. Misc. No. 89123 of 2024 and Cr. Misc. No. 74853 of 2024 vide different orders of this Court. It is lastly contended that the petitioner bears fair antecedent and now he has been incarcerated since 25.08.2024.
5. On the other hand, learned Advocate for the State as well as the informant vehemently opposes the bail application and submits that the informant has specifically disclosed about the complicity of the petitioner in the crime; moreover there is allegation against all the accused persons that they have assaulted the son of the informant leading to his death.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that there is no fire arm injury, coupled
3/4 with the fair antecedent and also the fact that the investigation of the crime is complete and the charge sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Munger in connection with Sessions Trial No. 352 of 2024 arising out of Shampur P.S. Case No. 11 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the
4/4 court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) Anjani/- U T