Md. Akal @ Iqwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56002 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Md. Akal @ Iqwal Son Of Md Ataul Resident Of Village- Chodhali, P.S. Beldaur, District- Khagaria (Bihar) ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
Allegation against the petitioner is that he along with other co-accused persons has committed murder of son of the informant.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case only on the
Patna High Court CR. MISC. No.56002 of 2022(3) dt.21-02-2023 2/3 basis of suspicion. There is no consistent material evidence against the petitioner except the confessional statement of one Sahzadi Khatoon, before the police, which has no evidentiary value in the eye of law. There is no eye witness of the alleged occurrence. It is also submitted that petitioner is languishing in judicial custody since 11.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Beldaur P.S. Case No. 112 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.56002 of 2022(3) dt.21-02-2023 3/3 of the learned Additional Sessions Judge III, Khagaria. (Sunil Kumar Panwar, J) nirajkrs/- U T