Md. Yakub Alam @ Md. Yaqub Alam @ Md. Yaqub @ Md. Akubs v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42049 of 2024 Arising Out of PS. Case No.-296 Year-2022 Thana- JOKIHAT District- Araria ====================================================== MD. YAKUB ALAM @ MD. YAQUB ALAM @ MD. YAQUB @ MD. AKUBS SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE AND POST - KURSAIL, P.S. - JOKIHAT, DISTRICT - ARARIA, STATE - BIHAR, PIN CODE - 845329 ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awnish Kumar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Jokihat (Mahalgaon) P.S. Case No. 296 of 2022, registered for the offences punishable under Sections 302, 201, 120(B)/34 of the IPC.
3. As per allegation, when the informant's younger brother has not returned from his hardware shop, a search was made by his family members. During search, they found that after killing informant's brother by slitting his throat, some unknown miscreants have thrown his dead body in a pit. His motorcycle and slipper were also scattered there. Prior to the
Patna High Court CR. MISC. No.42049 of 2024(3) dt.02-08-2024 2/3 incident, the accused persons had threatened to kill the family members of the informant.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is not named in the FIR. Nothing was recovered from his possession. He has submitted further that the name of the petitioner has figured in confessional statement of co-accused Md. Gulfaraz and Ata Hasan @ Md. Ata Hussain, who have been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 70404 of 2022. In confessional statement of coaccused persons, the name of Md. Jahagir has figured as the main assailant of the deceased and he has also been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 27652 of 2023.
5. On the other hand, the learned APP for the State Sri J.N. Thakur has opposed the prayer for bail and submitted that the name of the petitioner has figured in confessional statement of co-accused Md. Gulfaraz and Ata Hasan @ Md. Ata Hussain.
6. The case of the petitioner is on better footing than that of co-accused, who have been granted bail by a coordinate Bench of this Court.
7. Considering the above-mentioned facts and
Patna High Court CR. MISC. No.42049 of 2024(3) dt.02-08-2024 3/3 circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 296 of 2022, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) kundan/- U T