Md. Jasin @ Jasim @ Jasim Zarina v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48785 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- HATHIDAH District- Patna ====================================================== Md. Jasin @ Jasim @ Jasim Zarina S/o- Md. Nasim Resident of N. 109 Gali no. 10 Batla house jamiyanagar Okhla South Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hafiz Shahbaz Arif, Adv For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Hathidah P.S. Case No. 15 of 2025 registered for the offences under Sections 103(1) and 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The accused/petitioner is named in the First Information Report and is in custody since 18.03.2025.
4. As per FIR, informant raised suspicion regarding one Kallu Mian, due to previous enmity, as to commit the murder of his father alongwith other unknown co-accused persons.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.48785 of 2025(2) dt.09-09-2025 2/3 behalf of the petitioner that on the basis of suspicion as raised through FIR, named co-accused namely, Kallu Mian was arrested, who while recording his confessional statement in police custody named this petitioner, as one of his accomplish. It is submitted by learned counsel that even confessional statement of named co-accused Kallu Mian, no overt act appears attributed to this petitioner. It is submitted that informant also not raised any suspicion against this petitioner qua involvement and in furtherance confessional statement of co-accused, no incriminating material recovered/surfaced during investigation as to connect the petitioner prima-facie with the present crime in question.
6. It is submitted that similarly situated co-accused person namely, Nishant Raj @ Karu has already been granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 33031 of 2025 dated 03.09.2025, and, therefore, on the ground of parity this petitioner also deserves bail.
7. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is already completed and as such,
Patna High Court CR. MISC. No.48785 of 2025(2) dt.09-09-2025 3/3 there is no chance of tampering with the evidence.
8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
9. In view of aforesaid factual submission and by taking note of the fact as save and except confessional statement of co-accused Kallu Mian, nothing incriminating appears recovered/surfaced as to connect the petitioner primafacie with the present crime in question, coupled with the fact that petitioner remains in custody since 18.03.2025 where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Barh, District - Patna, in connection with Hathidah P.S. Case No. 15 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J.) S.Tripathi/- U T