Shahzad Alam @ Md. Shahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33875 of 2026 Arising Out of PS. Case No.-234 Year-2025 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

Shahzad Alam @ Md. Shahzad son of Latifur Rahman Resident of village - Dahibhat, P.S. - Tedhagachha, District - Kishanganj 2.

Khushboo Begum @ Shahzabi Daughter of Latifur Rahman Resident of village - Dahibhat, P.S. - Tedhagachha, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the State :

Mr. Binod Kumar, APP For the Informant :

Mr. Rajeev Ranjan, Advocate Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2026 Heard learned counsel for the petitioners and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioners seek bail in connection with S.T. No. 102 of 2026, arising out of Tedhagachh P.S. Case No. 234 of 2025 instituted for the offence under Sections 103(1), 61(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that the informant's husband, left home on 19.12.2025 after receiving calls from a mobile number allegedly belonging to a woman with whom he was in contact and was found murdered the next day near

Patna High Court CR. MISC. No.33875 of 2026(4) dt.15-07-2026 2/3 Rajbandh under Terhagachh Police Station. The informant alleges that the woman and her associate conspired to murder her husband, relying on prior threats and the frequent telephonic conversations between them.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.12.2025. Petitioners bear no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have transpired on the basis of confessional statement of co-accused. From perusal of the FIR, it would reveal that there is no specific allegation against the petitioners, rather the same is against other co-accused person. Nothing has been recovered from the conscious possession of the petitioners. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioners. It is submitted that as per postmortem report, cause of death is opined due to hemorrhage and shock caused by hard and blunt substance. It is further submitted that,

Patna High Court CR. MISC. No.33875 of 2026(4) dt.15-07-2026 3/3 initially, the petitioners' brother, namely, Md. Aadam, gave a lathi blow on the head of the deceased. Thereafter, the accused persons, including petitioner No. 1, took the deceased onto the road and rammed their car into his body.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, no specific allegation against the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteeen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 102 of 2026, arising out of Tedhagachh P.S. Case No. 234 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T