IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (DB) No.1143 of 2022

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Alam Sheikh.

........Appellant

Versus

State of Jharkhand.

…..Respondent

With

Cr. Appeal (DB) No.1166 of 2022

Abdul Matin

…Appellant

Versus

The State of Jharkhand

……Respondent

Coram: THE HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

THE HON’BLE MR. JUSTICE AMBUJ NATH

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For the Appellant

: Mr. Ajit Kumar, Sr. Advocate in

Cr. Appeal (DB) No.1143 of 2022

For the Appellant

: Mr. R.S. Mazumdar, Sr. Advocate in

Cr. Appeal (DB) No.1166 of 2022

For the State

: Mr. Shiv Shankar Kumar, A.P.P.

: Mrs. Ruby Pandey, A.P.P.

For the Informant

: Mr. Gautam Kumar, Advocate

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06/18.1.2023

Heard the parties.

In Cr. Appeal (DB) No.1143 of 2022, the appellant has challenged the

order dated 31.8.2022, passed by the learned Additional Sessions Judge-II,

Pakur in B.P. No. 186 of 2022, whereby and whereunder the prayer for bail of

the appellant has been rejected.

In Cr. Appeal (DB) No.1166 of 2022, challenge has been made to the order

dated 13.04.2022 passed by the learned Additional Sessions Judge-II, Pakur in

B.P. No. 74 of 2022, by which the prayer for bail of the appellant has also been

rejected.

Both the appellants have been implicated in connection with Pakur (M)

P.S. Case No. 252 of 2021 registered for the offences punishable under sections

302, 307,326, 120(B) and 427/34 of the Indian Penal Code and Section ¾ of the

Explosive Substances Act.

The allegations reveal that on 20.12.2021, informant along with Kausar Ali

and his family were returning back to their house and at village-Pahalwantalla,

the co-accused-Sahidul Alam and Abdul Halim had thrown a bomb on their

vehicle, which resulted in their vehicle getting damaged. It has been alleged that

the other accused persons had thereafter boarded the vehicle, taken out the

informant and others and Kausar Ali was brutally assaulted, which resulted in his

death. The act of the accused persons also resulted in the death of a child aged

two and half years.

-2-

It has been submitted by the learned senior counsel for the appellants that

the allegations against both the appellants are general and omnibus in nature.

While referring to the supplementary affidavit filed in Cr. Appeal (B) No. 1166 of

2022, submission has been advanced that from the 164 Cr.P.C. statement of

Anirul Islam, it appears that the learned Magistrate had noted that the said

witness was reading from a paper, which was seized and from which it appears

that each of the accused was specified a role in the incident and the said chit of

paper has been enclosed. Learned senior counsel also submits that so far as

Saibur Rahman is concerned, his 164 Cr.P.C. statement does not indict the

appellants and they have been made accused on account of the allegations

levelled by Nasima Bibi who is the wife of the deceased. It has been stated that

even in her 164 Cr.P.C. statement, she has levelled allegations against all the

accused persons which appear to be improbable.

Learned counsel for the informant as well as learned A.P.P have opposed

the prayer for bail of the appellants.

It appears from the 164 Cr.P.C. statement of Nasima Bibi that the appellant

in Cr. Appeal (DB) No. 1143 of 2022 has been attributed to have stabbed the

deceased Kausar Ali while the appellant in Cr. Appeal (DB) No. 1166 of 2022 has

been attributed to have caught hold of the leg of Kausar Ali. The act of the

appellant in Cr. Appeal (DB) No. 1166 of 2022 appears to have facilitated the

commission of murder of Kausar Ali and so far as the appellant in Cr. Appeal

(DB) No. 1143 of 2022 is concerned, specific allegation has been levelled of

stabbing at Kausar Ali. The postmortem report reveals that 16 injuries