Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48125 of 2019 Arising Out of PS. Case No.-26 Year-2017 Thana- ALOULI District- Khagaria ====================================================== MD. ALAM Son of Md. Matin Resident of Village - Pullkari Parra, P.S.- Virpur, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2019 Heard both sides.

The petitioner apprehends his arrest in Alauli P.S. case No. 26 of 2017 registered under Section 302, 201, 120B of the IPC.

The father of the deceased disclosed that Md. Matin, Md. Sahid, Md. Alam, the petitioner, and Md. Amzad with whom his son was selling quilt on wages and commission killed his son.

The learned counsel for the petitioner submits that there is no eye witness of the occurrence. It is true that son of the informant was selling quilt with the petitioner and others but the son of informant became traceless and petitioner and others did not have any knowledge. Other accused persons, namely, Md. Amzad, Md. Sahid and Md. Matin have been granted regular bail vide orders passed in Cr. Misc. No. 41709/ 2017, 52059/2017 and Cr. Misc. No. 62986/ 2017 respectively and the petitioner also deserves anticipatory bail.

The learned counsel for the informant as well as the

Patna High Court CR. MISC. No.48125 of 2019(3) dt.01-10-2019 2/2 learned APP vehemently opposed the prayer for anticipatory bail and submitted that petitioner and others not only killed the son of informant by pressing his neck but also exploded bomb after the occurrence in order to threaten the informant and his family members for which FIR has also been instituted. It appears from perusal of the records that the petitioner and others are suspected to have killed the son of the informant who was working and selling quilt along with the accused persons but he became traceless. The dead body of son of the informant was recovered from a river and from perusal of the post mortem report it transpired that son of the informant was strangulated to death and thereafter his dead body was thrown in the river.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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