Izhar Alam @ Raja @ Md Izhar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38986 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Izhar Alam @ Raja @ Md Izhar Alam Son of - Mokarram Hussain @ Peshkar @ Md Mudarram Alam Resident of Village- Moudho Bhebara, P.S.- Kochadhaman, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar For the Opposite Party/s :
Mr.Umeshanand Pandit,APP Mr.Amrit Abhijat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
16-11-2021 Heard learned counsel for the parties.
The petitioner seeks bail in Kochadhaman P.S. Case No. 03 of 2020, registered for the offence under Sections 365 / 302 / 201 / 34 of the Indian Penal Code.
As per F.I.R., on 30.12.2019 at about 9:00 PM, this petitioner and co-accused Imran arrived at the house of the informant and asked his brother Santosh Kumar Choudhary to come alongwith them and the brother of informant accompanied the said accused persons. It is further alleged that the brother of informant did not return and upon inquiry, co-accused Dilshad apprised that on 31.12.2019 he had seen the deceased alongwith the aforesaid accused persons.
It is submitted on behalf of petitioner that informant is
Patna High Court CR. MISC. No.38986 of 2021(3) dt.16-11-2021 2/2 not the eye-witness of the occurrence and no one has seen the actual occurrence of murder. It is further submitted that coaccused Dilshad, on whose disclosure dead-body of deceased was recovered, has already been acquitted by the learned trial court and petitioner is in custody since 12.01.2021. However, learned counsel for the State and informant vehemently opposed the bail petition and submitted that during course of investigation, the eye-witnesses have been examined and they have stated that this petitioner alongwith other coaccused were assaulting the deceased with rod and cudgel, as a result of which, the deceased died.
Considering the nature of allegation and the materials collected during course of investigation including statement of the eye-witnesses, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T