Md. Shakil Alam @ Shakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35761 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== Md. Shakil Alam @ Shakil Son of Imajuddin @ Imaj R/o Ward No.- 4, Khajurbari, P.S.- Paharkatta, P.O.- Shitalpur, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Adv For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks regular bail in a case registered for the offences punishable under Section 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that he received information about his brother having been killed by slitting of his throat.
4. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of his self confession and confessional statement of the co-accused Md. Suleman. It is further submitted that during the course of investigation, the informant, who happens to be the immediate neighbour of the
Patna High Court CR. MISC. No.35761 of 2025(2) dt.20-06-2025 2/3 petitioner, has disclosed that the petitioner along with others was seen fleeing from the place of occurrence. It is next submitted that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 22206 of 2025. It is lastly submitted that the petitioner has two criminal antecedents and is in custody since 03.06.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that not only the informant in his re-statement but even during the course of investigation, the petitioner as well as the co-accused Md. Suleman, had confessed the complicity of the petitioner in the present case, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner is not named in this FIR and barring the confessional statement of the petitioner there is nothing to connect the petitioner with the present case and also taking into account the fact that similarly situated co-accused person has already been granted bail by this Court coupled with the fact that the petitioner is in custody since 03.06.2024, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.35761 of 2025(2) dt.20-06-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj, in connection with Paharkatta P.S. Case no.56 of 2024, subject to the conditions :- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned 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 court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T