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Patna High Court

Md. Samim @ Jamshed @ Shekh SamimversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court refused bail, permitting the petitioner to renew the bail application after six months and directing a speedy trial.

Summary

Md. Samim was charged with murder under Sections 302 and 34 of the Indian Penal Code for the killing of the informant's husband. The prosecution relied on a confessional statement by the informant's brother that he had directed Samim to commit the murder, CCTV identification, and blood‑stained clothing, while only two witnesses had been examined. Samim, who has no prior criminal record and has been in custody since 28‑05‑2024, sought bail after an earlier bail petition was rejected with a direction to renew after six months. The High Court, after hearing both sides, declined to grant bail at this stage, allowing a renewal of the bail petition after six months and directing the trial court to conclude the trial promptly through a calendar trial. Consequently, the bail application was dismissed pending any future renewal.

Issues considered

  • What is the adequacy of the evidence (confessional statement, CCTV, blood‑stained clothes) to justify denial of bail?
  • Whether the petitioner is entitled to bail under Section 439 of the CrPC at this stage of the investigation?
  • Whether the trial should be expedited to avoid undue delay?

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • confessional statement
  • CCTV evidence
  • speedy trial
  • calendar trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18011 of 2026
                     Arising Out of PS. Case No.-186 Year-2024 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Md. Samim @ Jamshed @ Shekh Samim S/o Md. Mursid R/o Village-
                 Kelabari, P.S- Puraini, Dist- Madhepura.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Pandey, Advocate.
                 For the Informant        :       Mr. Manish Prakash, Advocate.
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   15-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Raniya Talab P.S. Case No. 186 of 2024 registered for the

                   offence punishable under Sections 302 read with Section 34 of

                   the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   earlier the bail petition of this petitioner was rejected vide order

                   dated 22.03.2025 with a liberty to renew his prayer for bail after

                   six months.

                                4. The case of the prosecution, in short, is that some

                   unknown miscreants have killed the husband of the informant.

                   The brother of the informant namely, Shamsher has given in his
Patna High Court CR. MISC. No.18011 of 2026(4) dt.15-05-2026
                                            2/3




          confessional statement that he has directed the petitioner to kill

          the husband of the informant (deceased). He also submits that

          Save and except confessional statement of the brother, there is

          nothing against him. In Para 14 of the case diary, there is

          description of CCTV footage and the petitioner was identified

          by the villagers in CCTV footage and was found in dubious

          circumstances on the date of the occurrence and the blood stain

          clothes which he was keeping in a bag was also recovered.

                       5. Learned counsel for the petitioner submits that a

          report from the learned trial court has been called and from the

          report of the learned trial court, it is clear that only two

          witnesses have been examined till today.

                       6. Learned counsel for the petitioner further submits

          that a statement has been made in para 3 of the petition that

          petitioner has no criminal antecedent and he is languishing in

          judicial custody since 28.05.2024.

                       7. The application for bail is opposed by learned APP

          for the State.

                       8. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          not inclined to enlarge the petitioner on bail at this stage,

          however he may renew his prayer for bail after six months if the
           Patna High Court CR. MISC. No.18011 of 2026(4) dt.15-05-2026
                                                       3/3




                     trial is not concluded.

                                  9. Learned trial court is directed to conclude the trial

                     within same time.

                                  10. This Court would advise the learned trial court to

                     conduct a calendar trial for expeditious disposal of the present

                     case.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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