Patna High Court
Md. Jamsed @ JamshedversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted given the gravity of the offence and the petitioner’s participation in the crime.
Summary
The petitioner, Md. Jamsed, was arrested in connection with a murder case (PS Dehri Town Case No. 282/2025) alleging offences under Sections 103 and 3(5) of the B.N.S. He applied for regular bail, claiming false implication, lack of prior criminal record, and that only two of seven charge‑sheet witnesses had been examined. The prosecution opposed the bail, emphasizing the seriousness of the alleged crime and the petitioner’s participation. The court examined the gravity of the offence, the stage of the trial, and the petitioner’s alleged involvement. It concluded that the circumstances did not warrant the grant of bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the alleged offences under Sections 103 and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- serious offence
- false implication
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90889 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Md. Jamsed @ Jamshed S/o Late Elahi Baksh R/o vill - Khidipur, Fasi
Market, P.s.- Ekbalpur, Distt.- Kolkata (W.B)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Thakur, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dehri
Town P.S. Case No. 282/2025 registered for the offences
punishable under Sections 103, 3(5) of B.N.S.
3. As per the prosecution case, petitioner and others
are alleged to have killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 24.06.2025. Learned counsel next submits
that in the trial out of 7 charge-sheet witnesses only two
witnesses have been examined. The petitioner undertakes to co-
operate in the case/ trial.
Patna High Court CR. MISC. No.90889 of 2025(5) dt.06-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence and the
participation of the petitioner in the crime as well as the fact that
trial is progressing, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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