Md. Samim @ Jamshed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Md. Shamsher S/o Late Murshid R/o vill - Sapardah, P.S. - Puraini, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 249 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Md. Samim @ Jamshed S/o Late Murshid R/o vill - Sapardah, P.S.- Puraini, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
3. The case of the prosecution is that the husband of the informant, namely, Amarjit Kumar @ Tuntun had a business of brick Klien. On 21.05.2024, the informant received an information through mobile that her husband has been killed
Patna High Court CR. MISC. No.78 of 2025(3) dt.22-03-2025 2/3 by stabbing. Thereafter, the informant reached the place of occurrence along with her family members and found her husband dead. Hence, the present FIR.
4. During the course of investigation, the petitioner, namely, Md. Shamsher has given his confessional statement and in his confessional statement he has stated that there was dispute for some cash. He has further stated that he has directed his brother, namely, Md. Samim @ Jamshed to kill the deceased. From perusal of the case diary, it also transpires that in the C.C. Tv. Footage, the brother of the petitioner namely, Md. Samim @ Jamshed was identified by the villagers.
5. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in connection with the presence case. It is further submitted that there is no eye witness to the occurrence and there is nothing except confessional statement but from perusal of paragraph-14 of the case diary, it transpires that the petitioner of Cr. Misc. No. 249 of 2025, Md. Samim@ Jamshed was identified by the villagers in the C.C. Tv. Footage. Moreover, the petitioners are languishing in judicial custody since 26.05.2024. & 28.05.2024 having no criminal antecedent
6. Learned APP appearing for the State has opposed
Patna High Court CR. MISC. No.78 of 2025(3) dt.22-03-2025 3/3 the prayer of regular bail stating that the petitioner of Cr. Misc. No. 249 of 2025, Md. Samim@ Jamshed was identified by the villagers in the C.C. Tv Footage as such, he does not deserve bail.
7. Considering the aforesaid facts and circumstances of the case and the submissions put forward by the parties, this court is inclined to enlarge the petitioner on bail. The petitioner, namely, Md. Shamsher is directed to be released on bail in connection with Rani Talab P.S. Case No. 186 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd, Danapur.
8. So far as the petitioner of Cr. Misc. No. 249 of 2025, Md. Samim @ Jamshed is concerned, he was identified by the villagers in the C.C.Tv. Footage, I am not inclined to grant him privilege of bail which is accordingly, rejected.
9. However, he may renew his prayer for bail after six months.
(Ashok Kumar Pandey, J) Jagdish/- U T