Md. Mehabub v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.924 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Md. Mehabub Son of Md. Gulab Resident of Village - Ward No. 04, Santunagar Near Mazar, P.O. - Madhubani, P.S. - Madhubani, District - Madhubani ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Lalita Devi Wife of Late Ram Lakhan Safi Resident of Village - Khajauli, P.S. - Khajauli, District - Madhubani ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bhavesh Kumar Sah, Advocate For the Respondent/s :
Mr. Binay Krishna, APP For the Informant :
Mr. Sanjay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.
2. The instant appeal has been filed by the appellant against the order dated 05.09.2024 passed by learned Additional Sessions Judge-1st cum Special Judge, Madhubani whereby the prayer for bail of the appellant in connection with Jaynagar P.S. Case No. 216 of 2024 under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-b)a, 26 of the Arms Act and Sections 3(1)(r), 3(2)(v) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.924 of 2025(7) dt.04-09-2025 2/3
3. Accusation against the accused persons including the appellant is of committing the murder of informant's husband by shooting him.
4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Appellant is not named in the F.I.R. The name of the appellant has transpired in this case during investigation on the basis of confessional statement of the co-accused Nilam Devi. Learned counsel further submitted that petitioner has no concern with the family of the deceased. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 28.07.2024 and has no criminal antecedent.
5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that there is direct allegation against the appellant that he fired upon the deceased and has also confessed his guilt before the police. The prayer for grant of bail to the coaccused has already been rejected by this Court vide order dated
Patna High Court CR. APP (SJ) No.924 of 2025(7) dt.04-09-2025 3/3 04.04.2025 passed in Cr. Appeal (SJ) No. 777 of 2025.
6. Considering the aforesaid facts and circumstances of the case as also there being direct allegation of shooting the deceased against the appellant this Court is not inclined to grant bail to the appellant.
7. Accordingly, the present appeal is dismissed.
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the appellant to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of nine months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T