Tabrej Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50639 of 2025 Arising Out of PS. Case No.-400 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Tabrej Miyan Son of Rajak Miyan R/o Village - Jamla, P.S.- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have committed murder of the husband of the informant and concealed the dead body.

4. Learned counsel for the petitioner submits that there is no eye witness to this case and the petitioner has been made an accused only on account of suspicion and confessional statement of the co-accused persons, namely, Anita Devi and Najir Alam which has no evidentiary value. The petitioner also did not have any motive to kill the deceased rather as per the

Patna High Court CR. MISC. No.50639 of 2025(3) dt.13-02-2026 2/2 material collected during course of investigation, the co-accused persons had definite motive of killing the deceased. Further, the petitioner is in custody since 02.04.2025 with no criminal antecedent.

5. Learned APP for the State has opposed the application for bail on the ground that there are materials collected against the petitioner during the course of investigation and it is a serious case of the deceased being killed and his dead body being thrown away. This petitioner was also last seen with the deceased at the meat shop which and further the case is of the year 2023 and the petitioner only surrendered on 02.04.2025.

6. Taking into consideration the facts and circumstances and also considering the seriousness of the allegations coupled with the material collected against the petitioner during the course of investigation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection Motihari Muffasil P.S. Case No. 400 of 2023.

(Soni Shrivastava, J) devendra/- U T