Mohd. Habibul @ Mohd. Habibul Ahmad @ Habibul Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70822 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== Mohd. Habibul @ Mohd. Habibul Ahmad @ Habibul Ahmad S/o- Mohd. Tazimul R/o - Auraha, P.S - Laukahi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laukahi P.S. Case No. 76 of 2024 dated 18.04.2024 registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the husband of the informant. It is further alleged that earlier the co-accused, Md. Hajrat had given a contract of Rs. 50,000/- to kill the husband of the informant as he objected the co-accused, Md. Akbar and Md. Mustaj for smuggling liquor in front of his house.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.70822 of 2024(3) dt.24-02-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The I.O. has recorded the statement of the petitioner and he has not stated about his participation in the murder of the deceased. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. As per statement of the witness in para-9 of the case diary, he has stated that when the informant's husband went to sleep he saw that the petitioner and the coaccused, Md. Ayub were talking on the road near the madarsa. Then he went to his house to sleep and when he woke up in the morning, he came to know that the informant's husband was shot dead. It is further submitted that the deceased was last seen alive with the petitioner as per para-9 of the case diary.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Laukahi P.S. Case No. 76 of 2024, pending in the Court of learned A.C.J.M.-1st,

Patna High Court CR. MISC. No.70822 of 2024(3) dt.24-02-2025 3/3 Jhanjharpur, Madhubani.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T