Md. Sams Raja @ Sams Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62955 of 2022 Arising Out of PS. Case No.-657 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. SAMS RAJA @ SAMS RAJA Son of Md. Shis Alam Resident of AtLalganj, P.S- Maranga, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Firoz Raza, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 20.05.2022 in connection with Sadar (Mufassil) P.S. Case No. 657 of 2021, F.I.R. dated 06.12.2021 for the offences punishable under Sections 302, 201 of the Indian Penal Code. Allegation against the petitioner is that he has assaulted the deceased and the deceased has died on the spot. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of coaccused namely, Chand Alam. He further submits that there is

Patna High Court CR. MISC. No.62955 of 2022(3) dt.04-04-2023 2/2 no eye witness of the alleged occurrence and the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Chand Alam has been granted bail by a co-ordinate Bench of this Court vide order dated 03.02.2023 passed in Cr. Misc. No. 57286 of 2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the basis of material available on the record and case diary submits that it has come during investigation and in para 219 of the case diary that the petitioner has assaulted the deceased and the deceased has died on the spot.

Considering the aforesaid facts and there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sadar (Mufassil) P.S. Case No. 657 of 2021 pending in the court of learned Chief Judicial Magistrate, Purnea.

Prayer is refused.

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