Md. Samim @ Md. Shamim @ Md. Shamim @ Khalasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26610 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Samim @ Md. Shamim @ Md. Shamim @ Khalasi Son of Late Md. Abdul Majid, R/O Village- Madhupur, P.S.- Madhupur, District- Deoghar (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Prasad Sah, Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Katihar Mufasil P.S. Case No. 131/2024, registered for the offence under Section 302/201 of the Indian Penal Code.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 02.07.2024.
4. As per FIR, one unknown dead body was found in a pond on 11.06.2024 by the informant, who is a local Chaukidar, namely, Dilip Uraon (No. 6/6). The dead body was not identified till postmortem. It appears from the FIR that due to tattoo and bangles, the dead body was guessed of unknown female.
5. Learned counsel appearing on behalf of the petitioner submitted that name of this petitioner transpired during course of investigation on the basis of information supplied by police spy. In
Patna High Court CR. MISC. No.26610 of 2025(4) dt.22-09-2025 2/3 furtherance of which, petitioner was apprehended, whereafter his self confession was recorded, where he confessed maximum to help main co-accused Mangni Devi as to conceal the dead body by throwing it to the pond, from where it was recovered by the informant. It is submitted that except aforesaid self confession in police custody, nothing incriminating appears during investigation to connect petitioner prima facie with present occurrence of murder. While concluding the argument, it is submitted that investigation of this case is already completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.
6. Learned APP while opposing the prayer of bail could not disputed the aforesaid factual submission.
7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of the information supplied by police spy and also from self confession of the petitioner, nothing incriminating appears prima facie as to connect petitioner with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner being a man of clean antecedent, remains in custody since 02.07.2024, accordingly, petitioner above named, is directed
Patna High Court CR. MISC. No.26610 of 2025(4) dt.22-09-2025 3/3 to be released on bail in connection with Katihar Mufasil P.S. Case No. 131/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T