Akil @ Akil Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11080 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- BAISI District- Purnia ====================================================== ANJUM @ ANJUM ADIL @ ANJUM ADHIL S/o Fayque Alam R/o VillageTerabari, P.S.- Baisi, Distt- Purnia. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1450 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- BAISI District- Purnia ====================================================== AKIL @ AKIL AHMAD S/o Abu Jafar R/o Village- Tarabari, P.O.- Asja Mobaiya, P.S.- Baisi, District Purnia.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 11080 of 2023) For the Petitioner/s :
Mr.Devashish Giri For the Opposite Party/s :
Mr.Mohammad Sufyan (In CRIMINAL MISCELLANEOUS No. 1450 of 2023) For the Petitioner/s :
Mr.Devashish Giri For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B), 379/34 of the Indian Penal Code.
As per prosecution case, it is a case of double murder and the accusation against the petitioners is of assaulting the deceased Monazir by means of Sword and iron rod after
Patna High Court CR. MISC. No.11080 of 2023(5) dt.11-07-2023 2/3 hatching conspiracy in connivance with other accused persons. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. The informant is not an eye-witness of the alleged incident rather the petitioners have falsely been implicated in this case due to political rivalry. From perusal of FIR as well as case diary, it appears that the allegation has been made against these petitioners of assaulting on head and chest of deceased Monazir by means of sword & Iron rod but postmortem report as contained in Annexure-4 shows that no corresponding injury has been found on the chest of the Monazir (deceased). General and omnibus allegation of assaulting leveled against these petitioners.
It is further submitted that other co-accused namely, Jahangir Ashraf has already been granted bail by this Court vide order dated 19.5.2023 passed in Cr. Misc. No. 19476 of 2023, hence the case of these petitioners stands on similar footing of that of the co-accused. It is further submitted that both the petitioners have got no criminal antecedents and languishing in judicial custody since 8.9.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Patna High Court CR. MISC. No.11080 of 2023(5) dt.11-07-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Biasi P.S. Case No. 265 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, District- Purnea or concerned Court. (Sunil Kumar Panwar, J) Amandeep/- U T