Md. Sakir Alam @ Shakir Alam @ Md. Sakir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81849 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== Md. Sakir Alam @ Shakir Alam @ Md. Sakir, son of Late Yasin VillageKurum, P.S.- Balia Belone, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Informant :
Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2024 Heard the learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State.
2. The petitioner seeks regular bail in a case registered for the offence under Sections 307, 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along with two other co-accused persons fired upon brother of the informant Tanwir Rahi, who subsequently died on the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to local party politics and there is general allegation against the petitioner who is in jail custody since 28.08.2023.
5. Learned counsel for the informant assisted by the
Patna High Court CR. MISC. No.81849 of 2023(2) dt.05-01-2024 2/2 learned counsel for the State have vehemently opposed the prayer for regular bail and submitted that petitioner is the main assailant in committing murder of the brother of the informant. He further submits that petitioner has three criminal antecedents.
6. Considering the serious and direct allegations levelled against the petitioner as well as his criminal antecedent, I am not inclined to grant bail to the petitioner. Accordingly, this bail application is dismissed.
(Sunil Dutta Mishra, J) khushbu/- U