Md. Sajjad @ Teni @ Toni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35985 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== Md. Sajjad @ Teni @ Toni son of Md. Mansur @ Md. Mansoor @ Md. Mansoo Village- Narhan W.No-6, Ps- Bibhutipur Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Khodawandpur P.S. Case No. 5 of 2024, lodged on 07.01.2024 under Sections 302, 34 & 120 (B) of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against 5 named accused persons including the present petitioner. The allegation made in the FIR is that all the accused persons in connivance with each other have killed the informant's son by strangulating his neck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the contents of the FIR, it become crystal clear that in the FIR, only suspicion has been raised and there is
Patna High Court CR. MISC. No.35985 of 2024(4) dt.26-07-2024 2/3 no material against the present petitioner. Counsel further submits that during the investigation, it has come from the mouth of the different witnesses that there was illicit relation between the petitioner and the wife of the deceased. Counsel submits that nothing incriminating has been recovered from the possession of the petitioner, but it has come that the weapon used in the commission of crime has been recovered from the room of wife of the deceased.
5. Learned counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean and he is in custody since 06.02.2024.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that it is true that only material which has come against the petitioner is the confessional statement and by virtue of the confessional statement, the weapon used in the commission of crime has been recovered from the room of the person who has made confessional statement. Counsel also submits that the nature and injury caused during death of the deceased has been corroborated with the post-mortem report. Counsel further
Patna High Court CR. MISC. No.35985 of 2024(4) dt.26-07-2024 3/3 submits that since, by virtue of the confessional statement, the weapon used in commission of crime has been recovered, therefore, the confessional statement may not be ignored because from the confessional statement, it transpires that the person who has made confession is the eye-witness of the occurrence. The petitioner's name has been disclosed by eyewitness.
8. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
9. Accordingly, the prayer for regular bail of the petitioner in connection with Khodawandpur P.S. Case No. 5 of 2024, pending before the learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T