Md. Javed @ Md. Jawed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21161 of 2026 Arising Out of PS. Case No.-864 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Md. Javed @ Md. Jawed, aged about 35 years, Male, Son of Md. Jubair, Resident of Mohalla- Mir Tola, Ward No.- 38, P.S. Saharsa Sadar, DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Raj, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Saharsa Sadar P.S Case No. 864 of 2022 registered for the offences punishable under Sections 302, 120B of the Indian Penal Code.
3. Earlier the prayer for bail of this petitioner was rejected by this Court in Cr. Misc. No. 18020 of 2024 vide order dated 22.04.2024.
4. As per prosecution case, when informant entered into the shop of his father he found dead body of his father there, it looks like that someone has murdered his father with sharp weapon.
Patna High Court CR. MISC. No.21161 of 2026(4) dt.15-05-2026 2/3
5. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous enmity and land dispute attributed between the parties. He further submits that petitioner's name surfaced in this case during the course of investigation only on the basis of confessional statement of co-accused. He next submits that there is no any eye witnesses of the occurrence. Similarly situated coaccused person has already been granted regular bail by a Bench of this Court in Cr. Misc. No. 29998 of 2024 vide order dated 30.04.2024. He lastly submits that petitioner is in judicial custody since 07.11.2022 and petitioner has got clean antecedent as stated in para 3 of the petition.
6. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
7. From perusal of the FIR and the impugned order of the learned District and Additional Sessions Judge-V, Saharsa dated 07.02.2026, it appears that petitioner is not named in the FIR and his name has been surfaced in this case only on the basis of confessional statement of co-accused. From perusal of the report of the stage of trial vide letter no. 24, it also appears that nine witnesses are named in the charge-sheet out of which three witnesses have been examined till date and further six
Patna High Court CR. MISC. No.21161 of 2026(4) dt.15-05-2026 3/3 months time may be granted to conclude the trial and the trial is still pending and no satisfactory process and similarly situated co-accused person namely Md. Imran @ Buchchi has already been granted regular bail by a Bench of this Court in Cr. Misc. No. 29998 of 2024 vide order dated 30.04.2024, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.
8. Accordingly the prayer for regular bail of the petitioner is allowed. Let the petitioner above named be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge-V, Saharsa in connection with Sessions Trial No. 65 of 2023 arising out of Saharsa Sadar P.S. Case No. 864 of 2022. (Ramesh Chand Malviya, J) Anand Kr.
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