Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22145 of 2025 Arising Out of PS. Case No.-194 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Md. Shamshad S/o- Md. Sanjar Village and Post- Khanjhapur, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP For the Informant :

Mr. Arvind Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 194 of 2024 instituted for the offences under Sections 103(1), 3(5), 351(3) of the BNS and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on 07.11.2024, Sanoj Mahto, Pappu Paswan and two unknown persons came on a motorcycle, demanded extortion, and Sanoj Mahto shot dead

Patna High Court CR. MISC. No.22145 of 2025(3) dt.23-07-2025 2/3 the informant's son.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Pappu Paswan. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.11.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per the confessional statement of the co-accused Pappu Paswan, this petitioner also fired upon the deceased and further, the confessional statement of the petitioner was also recorded and he has also confessed his guilt and stated that he also fired upon the deceased which aligns with the post-mortem report of the deceased.

6. Considering the aforesaid facts and circumstances of the case as also there being ample material against the petitioner to prove his involvement in the commission of murder of the deceased, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.22145 of 2025(3) dt.23-07-2025 3/3 petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T