Patna High CourtCR. MISC./45852/2021bail rejected

Akbar Ali v. The State Of Bihar

2022-03-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45852 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- BIRPUR District- Supaul ====================================================== AKBAR ALI Son of Abdul Kalam Resident of Muslim Mohalla, Birpur, Ward no. 07, Police Station - Birpur, District- supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, on 04.09.2020 the son of informant went to Birpur by his motor cycle and with his mobile phone and he was seen along with this petitioner and other FIR named accused persons but he did not return. On 07.09.2020 police gave information to the informant that dead body of his son has been found in a hut in Hahiya dhar. It is alleged that this petitioner and co-accused, Afzal Hussain @ Banti had killed his on and motor cycle and mobile of deceased in in possession of this petitioner and co-accused, Afzal Hussain. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.45852 of 2021(5) dt.29-03-2022 2/2 that petitioner is innocent and has falsely been implicated in the case. It is submitted that there is no eye witness of the occurrence and petitioner has been made accused in this case only on suspicion. Charge has already been framed in this case and the case has been committed to the court of Sessions. Petitioner claims clean antecedent and is in custody since 13.10.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that during the course of investigation mobile of the deceased has been found in possession of this petitioner.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T