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Patna High CourtCR. MISC./37663/2025rejected

Shahista Praveen @ Shaista v. The State Of Bihar

2025-08-01Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37663 of 2025 Arising Out of PS. Case No.-536 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Shahista Praveen @ Shaista W/O Late Rizwan Pravej Ansari R/O VillageRakabganj, P.S- University, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the State :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2025 Heard Mr. Paras Nath, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 16.03.2025 in connection with Kotwali (Barari) P.S. Case No. 536 of 2021, F.I.R. dated 17.08.2021 for the offences punishable under Sections 302, 120/34 of the IPC and 27 of the Arms Act.

3. According to prosecution case, men of Rana Miyan along with other co-accused persons has killed informant's husband.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

Patna High Court CR. MISC. No.37663 of 2025(3) dt.01-08-2025 2/3 implicated in the present case. In fact, the petitioner was informant of the present case and during investigation, she has been made accused in the present case and except suspicion, confessional statement of the co-accused person and selfconfession of the petitioner, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. It is further submitted that co-accused person, namely, Bikky @ Viccy Khan @ Md Khawaza Illiyas has been granted privilege of regular bail by a co-ordinate Bench of this Hon'ble Court vide order dated 20.09.2022 passed in Cr. Misc. No. 5876 of 2022 and another co-accused, namely, Md. Farid Khan @ Md Farid has been granted privilege of regular bail by this Court vide order dated 03.12.2024 passed in Cr. Misc. No. 75157 of 2024. The petitioner is in custody since 16.03.2025.

5. The learned Additional Public Prosecutor for the State, on the other hand, on the basis of materials available on reocrd and case diary, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation in paragraph-23 and 25 of the case diary that the petitioner is behind the present occurrence and she along with other co-accused persons have committed the present crime in

Patna High Court CR. MISC. No.37663 of 2025(3) dt.01-08-2025 3/3 question.

6. Considering the aforesaid facts, there is direct allegation against the petitioner of involvement in the present case, I am not inclined to enlarge the petitioner on bail in connection with Kotwali (Barari) P.S. Case No. 536 of 2021 pending in the court of learned C.J.M, Bhagalpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) priyanka/- U T