Md. Sajjad @ Md. Sajjad Alam @ Sajjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47626 of 2025 Arising Out of PS. Case No.-142 Year-2021 Thana- PALASI District- Araria ====================================================== Md. Sajjad @ Md. Sajjad Alam @ Sajjad S/o Late Sahimuddin R/o vill - Dighli, ward no. 3, P.S.- Palasi, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Palasi P. S. Case No. 142/2021 in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, informant, being the second wife of the deceased, alleged that on 26.07.2021, when informant and her husband were going to home, this petitioner, along with other co-accused persons named in the F.I.R., intercepted them, started assaulting husband of informant and committed his murder by strangulation.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.47626 of 2025(2) dt.29-08-2025 2/3 petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner is son of the deceased and has falsely been implicated in this case at the instance of informant who is second wife of the deceased. Informant is not eye witness of the occurrence and only at a belated stage, she has given the written report falsely implicating large number of family members in order to capture their share of land and house. Similarly situated co-accused persons have already been granted bail by Coordinate Benches of this Hon'ble Court vide order dated 24.02.2023 passed in Cr. Misc. No. 64864 of 2022, order dated 28.04.2025 passed in Cr. Misc. No. 20949 of 2025 and order dated 18.07.2025 passed in Cr. Misc. No. 32460 of 2025.
During investigation, it has come that there was property dispute between the two wives of the deceased and their children and the petitioner, being son of the deceased, had no motive to indulge in the alleged occurrence. Moreover, charge-sheet has already been submitted and petitioner is in custody since 21.01.2025. Petitioner has got no criminal antecedents.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the nature of accusation, claim based
Patna High Court CR. MISC. No.47626 of 2025(2) dt.29-08-2025 3/3 on parity, period of custody and clean antecedents, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Araria in connection with Palasi P.S. Case No. 142 of 2021. (Prabhat Kumar Singh, J) Navya/- U T