Md. Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1308 of 2025 Arising Out of PS. Case No.-281 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Md. Jasim Son of Md. Hussain village- Jafar Basa, Ps- Beldaur, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 281 of 2024, instituted for the offences punishable under Sections 103(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, son of the informant was attacked by some unknown miscreants. He was shot in the chest, robbed of his phone and money, and left critically injured on the road. Despite being taken to the hospital, he died on the way.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.1308 of 2025(3) dt.08-04-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused person and the same has got no evidentiary value. It is further submitted that one mobile phone has been recovered from the possession of the petitioner which belongs to him. No specific allegation of firing and looting articles have been made against the petitioner, rather the same is general and omnibus in nature. Specific allegation of firing and looting articles is made against co-accused Md. Intekhar by the petitioner in his self-confession. The petitioner is in custody since 05.08.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that the petitioner has admitted his guilt in his self-confession. It is further submitted that on perusal of paragraph nos. 3, 9 and 12 of case diary, it appears that witnesses have supported the prosecution case. Specific allegation is levelled against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.1308 of 2025(3) dt.08-04-2025 3/3

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage.

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T