Md. Kamruzamma @ Biko @ Md. Kamrud Jama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32498 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- JADIA District- Supaul ====================================================== Md. Kamruzamma @ Biko @ Md. Kamrud Jama S/o Md. Baddi R/o Mohalla- Bishanpur, Ward No. 1, P.S.- Kumarkhand, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.M. Ashraf, Sr. Advocate Mrs. Rana Hason, Advocate Mrs. Homa Yunus, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-05-2025 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 (1), 351 (3) and 3 (5) of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation in the first information report is that on 13.08.2024 at 4:35 AM, the F.I.R. named persons along with four unknown criminals shot the son of the informant near his house as a result of which the informant's son died on the spot. It has also been alleged in the F.I.R that the accused persons used to threaten the son of the informant.

4. It is submitted by learned senior counsel for the petitioner that the petitioner is not named in the first information

Patna High Court CR. MISC. No.32498 of 2025(2) dt.20-05-2025 2/2 report, although there are specific names of five persons in the first information report who have been imputed with the allegation of threatening and also the allegation of killing the deceased by means of gun shot. It is further submitted that the name of the petitioner has transpired in the present case during course of investigation on the confessional statement of non F.I.R. accused before the police which is totally inadmissible in the eyes of law. The charge sheet has been submitted against the petitioner and he has no criminal antecedent. The petitioner has been languishing in custody since 25.12.2024.

5. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jadia P.S. Case No.143 of 2024.

(Soni Shrivastava, J) Trivedi/- U T