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Patna High CourtCR. MISC./59906/2025bail granted

Md. Shahabuddin @ Mohammad Shahabuddin @ Md. Shahbuddin v. The State Of Bihar

2025-11-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59906 of 2025 Arising Out of PS. Case No.-298 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== Md. Shahabuddin @ Mohammad Shahabuddin @ Md. Shahbuddin S/o- Md. Hamid Village- Karjapatti, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gulfeshan, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP Mr.Ugranath Mallik, Adv.for informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Sections 302, 325, 323, 504, 506, 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. F.I.R. has been lodged after a delay of thirteen months without any plausible explanation of delay. He further submits after registration of F.I.R., on 03.07.2023, the dead-body of informant's son was sent for forensic examination and it was revealed that the exhumed remains are of a female and both informant and her husband were not found biological parents. Therefore, it raises serious doubt on the veracity of prosecution case. Petitioner is in custody since 29.05.2025. Chargesheet

Patna High Court CR. MISC. No.59906 of 2025(4) dt.24-11-2025 2/2 submitted.

4. Learned counsel for the informant vehemently opposes the prayer for bail and submits that it was this petitioner, who killed the deceased (son of informant).

5. However, considering the delay in lodging the F.I.R. and the forensic report as well as period of custody, let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Kamtaul P.S. Case No. 298 of 2022. (Prabhat Kumar Singh, J) anay U T