Md. Sakur @ Md. Sakur Alam v. The State Of Bihar
Patna High Court Cr.Misc. No.56234 of 2017 (3) dt.13-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56234 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -KASBA District- PURNIA ======================================================
1. Md. Sakur @ Md. Sakur Alam Son of Md. Amazad Ali @ Md. Amzad, Resident of Village-Ghogha Rajabari, Police Station-Kasaba, DistrictPurnea.a .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Adv. For the Opposite Party/s : Mr. Sri Nand Kishore Pd, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 16.03.2016 in connection with Kasaba Police Station Case No. 24 of 2016, S.T. No. 365 of 2016, disclosing offences under Sections 302, 201 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather he has been made accused in this case on the basis of confessional statement of co-accused, Md. Sakur Rehman, who is said to be brother of the petitioner, and except confession of the co-accused, no cogent material has come
Patna High Court Cr.Misc. No.56234 of 2017 (3) dt.13-12-2017 against this petitioner during course of investigation. Moreover, charges in this case have been framed and no any witnesses have supported the involvement of the petitioner in the alleged occurrence. The petitioner is rotting in judicial custody for more than 20 months.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-1st Purnea, in connection with S.T. No. 365 of 2016 arising out of Kasaba Police Station Case No. 24 of 2016. (Arvind Srivastava, J) brajesh/- U T