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Patna High Court

Md. SajidversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the bail application must be dismissed as the petitioner is a material suspect in serious offences and the confession and corroborating evidence negate any reasonable doubt.

Summary

The petitioner, Md. Sajid, is in judicial custody for offences under Sections 363, 366, 302 and 201 of the Indian Penal Code relating to kidnapping, rape and murder. The prosecution relies on a confessional statement by the petitioner, CCTV footage showing him with the victim on a motorcycle, and the recovery of the victim’s body and personal effects. The petitioner contends he is innocent, arguing that the girl on the pillion was covered and cannot be identified as the deceased. The State points out that no girl was produced to substantiate the defence claim and that most witnesses have already been examined. The court, after considering the seriousness of the charges and the material evidence, rejected the bail application and directed the trial to be concluded at the earliest.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his confessional statement
  • Whether the petitioner’s claim that the victim was covered on the motorcycle creates reasonable doubt sufficient to merit bail

Legislation cited

Subjects

  • bail
  • IPC
  • kidnapping
  • rape
  • murder
  • confession
  • judicial custody
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88580 of 2025
                       Arising Out of PS. Case No.-65 Year-2024 Thana- SAKRI District- Madhubani
                 ======================================================
                 Md. Sajid S/o Mohammed Alkama Shaikh @ MD. Alkama Resident of
                 village- Jhunsi, P.S- Manigachhi, District- Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Md. Ajhar Hasan S/o Md. Nurul Hasan R/o vill - Sakri, Naya Tola, P.O. and
                 P.S.- Sakri, Distt.- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha
                 For the Opposite Party/s :       Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   25-02-2026                  Heard Mr. Subhash Kumar Jha, learned counsel for

                   the petitioner and the State.

                                 2. The petitioner is in judicial custody in connection

                   with Sakri P.S. Case No. 65 of 2024 for the offences punishable

                   under sections 363, 366, 302, 201 of the IPC, lodged on

                   05.04.2024 by the informant, Md. Azhar Hasan.

                                3. As per the prosecution story, the informant alleged

                   that the victim went out but failed to return and as they failed to

                   locate her, the FIR alleging role.

                                4. Subsequently, the police after registering the FIR

                   investigated the matter, this petitioner being a suspect was

                   picked up, made a confessional statement where he elaborated
Patna High Court CR. MISC. No.88580 of 2025(4) dt.25-02-2026
                                            2/3




          that the girl was taken by him on a motorcycle in a room, raped

          and later, killed. Pursuant to his confession, the CCTV camera

          of Mithila Petrol Pump checked, according to which, he came

          there, filled his motorcycle tank and the deceased was sitting as

          a pillion rider. Further, after his confessional statement, the dead

          body as also the bag of the victim lady and her educational

          certificates were recovered/seized.

                       5. Learned counsel for the petitioner submits that he is

          innocent and the girl who was sitting in the motorcycle was

          covered and as such, it cannot be said that it was the deceased

          who was the pillion rider.

                       6. Learned APP on the other hand opposes the prayer

          submitting that no such girl was produced on behalf of the

          defence to show who was sitting on the motorcycle. Further

          submission is that out of ten, nine witnesses have already been

          examined as would observe from the learned Sessions Judge

          order.

                       7. Considering the submissions of the parties as also

          the allegation that has come against the petitioner, no relief can

          be granted. The bail application stands rejected.

                       8. However, as the petitioner is in custody since

          08.04.2024 and only one witness is to be examined, the Trial
             Patna High Court CR. MISC. No.88580 of 2025(4) dt.25-02-2026
                                                         3/3




                       Court is requested to ensure that it concludes the trial at an

                       earliest.

                                    9. The S.P., Madhubani shall also ensure that if the

                       official witnesses have not been examined, they be produced so

                       that the trial is taken to its logical conclusion.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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