Md. Azad And Anr vs State Of Bihar

Heard Mr. Manoj Kumar, learned counsel, along with Mr. Vinay Kumar Mishra, learned counsel for the petitioners; Mr. Ram Naresh Roy, learned

Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State and Mr. Gaurav Kumar, learned counsel for the informant.

The petitioners are in custody in connection with Singhiya PS Case No. 48 of 2020 dated 09.04.2020, instituted under Sections 302/34 of the Indian

Penal Code.

The allegation against the petitioners is that they along with other accused had killed the son of the informant.

Learned counsel for the petitioners submitted that the petitioner no. 1 is the full brother of the informant and petitioner no. 2 is his labourer. It was

submitted that from the FIR itself it is clear that the disclosure has been made by one Md. Bijli leading to recovery of the body. It was submitted that it

is improbable and highly doubtful that Md. Bijli would know the exact location of the dead body when he claims to have saved himself by running

away. It was further pointed out that even in the so-called confessional statement of the petitioners, that too, before the police, Md. Bijli does not

figure anywhere and most importantly the injury report of Md. Bijli is simple in nature which would not have made him so incapacitated that he could

not report that the deceased was being brutally assaulted. Learned counsel submitted that the petitioners having no criminal antecedent are in custody

since 11.04.2020.

Learned APP and learned counsel for the informant submitted that the petitioners have confessed about their involvement. However, they could not

explain as to why the petitioners have not even stated with regard to Md. Bijli, much less about him having been assaulted and that the injury report of

Md. Bijli discloses the same to be simple in nature.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned

Additional Chief Judicial Magistrate, Rosera, Samastipur in Singhiya PS Case No. 48 of 2020, subject to the conditions (i) that one of the bailors shall

be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii)

that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every

date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

However, this order is subject to the main application supported by affidavit being e filed in this Court by learned counsel for the petitioners latest by

Monday (11.01.2021).

The application stands disposed off in the aforementioned terms.