Md. Amzad Khan @ Amjad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2859 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== Md. Amzad Khan @ Amjad Khan S/O Late Irshad Khan R/O Mohalla- EBlock, Sector- 2/600 Block Sector/E-Sector Sector-4, Bhulinagar, Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shivsagar P.S. Case No. 125 of 2023 registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code.

3. As per the prosecution case, an unknown dead body was recovered from a truck.

4. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.2859 of 2024(2) dt.24-01-2024 2/3 implicated in present case on the basis of the confessional statement of the co-accused and he is in jail since 10.06.2023 and Pankaj Singh has been granted bail and therefore, he deserves bail.

5. During investigation, it was found that the dead body was of the driver of the truck. The police did scientific investigation and from the dump data of the mobile it was found that the petitioner and other co-accused had committed the murder of the deceased. The coal was unloaded at the house of Krishana Yadav. The petitioner has also confessed his guilt.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. I have considered the submissions of the parties and the materials available on record. The Additional Judge while rejecting the bail application of the petitioner has discussed the scientific investigation done by the police pursuant to which the police has been able to arrest the petitioner and thereafter, the police solved the case. The petitioner is one of the assailants of the deceased and the petitioner had conspired with the other accused to kill the deceased.

8. In these circumstances, I am not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.2859 of 2024(2) dt.24-01-2024 3/3

9. Accordingly, the application stands dismissed.

10. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T