Md. Samiuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66655 of 2025 Arising Out of PS. Case No.-298 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== 1.
Md. Samiuddin S/o Md. Shahbuddin R/o Village- Karjapatti, P.O.- Karjapatti, P.S.- Kamtaul, District- Darbhanga 847306 2.
Md. Shafiuddin @ Mohammad Shafiuddin S/o Md. Shahbuddin R/o VillageKarjapatti, P.O.- Karjapatti, P.S.- Kamtaul, District- Darbhanga 847306 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gulfeshan, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP Mr.Ugranath Mallik, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest 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 petitioners submits that petitioners have 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
Patna High Court CR. MISC. No.66655 of 2025(4) dt.24-11-2025 2/2 informant and her husband were not found biological parents. Therefore, it raises serious doubt on the veracity of prosecution case. Chargesheet 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, in the event of arrest or surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each 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, subject to condition as laid down under Section 438(2) of Cr.P.C. / Section 482 of B.N.S.S.
(Prabhat Kumar Singh, J) anay U T