Kajim Ansari @ Md. Kajim @ Md. Kajim Ansari Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28112 of 2025

Arising Out of PS. Case No.-221 Year-2024 Thana- GHANSHYAMPUR District- Darbhanga

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Kajim Ansari @ Md. Kajim @ Md. Kajim Ansari Md. Safique Ansari R/o Vill.- Afjala Tole Khewa, P.S.- Biraul, Distt.- Darbhanga

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisu Zzoha, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP For the Informant : Mr. Anuj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 05-08-2025

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Heard learned counsel for the petitioner and learned

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APP for the State as also learned counsel for the Informant. Perused the case diary.

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The petitioner seeks bail in connection with Ghanshyampur P.S. Case No. 221 of 2024 (S.T. No. 517 of 2024) instituted for the offences under Sections 103, 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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As per prosecution case, some unknown miscreants have committed murder of the Informant’s uncle, namely, Jitan Sahni by means of sharp-edged weapon.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

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Patna High Court CR. MISC. No.28112 of 2025(3) dt.05-08-2025 2/3

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The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation and, thereafter, the police arrested the petitioner only on the basis of suspicion and recorded his confessional statement which has got no evidentiary value in the eye of law. He further submits that save and except confessional statement, there is nothing adverse against the petitoiner in the entire record of the case which shows the complicity of the petitoiner in the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.07.2024 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The police, after completion of investigation, has submitted charge-sheet against the petitioner and others under Sections 103, 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and cognizance has also been taken. It is further submitted that the trial is going on and three witnesses have already been examined.

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Having heard learned counsel for the parties, this Court finds that the trial is already in progress and three witnesses have already been examined. Since, the trial is

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Patna High Court CR. MISC. No.28112 of 2025(3) dt.05-08-2025 3/3

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already in progress, this Court is not inclined to grant bail to the petitioner at this stage. Reliance in this connection may be made to the decision of the Hon’ble Apex Court reported in 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in paragrah no. 14, the Hon’ble Apex Court has held has under:

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“14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court, be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused.”

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