Inside a packed courtroom at the Patna High Court on Tuesday, a Division Bench took a hard look at a 2019 murder case from Saran district that had already resulted in life imprisonment for several accused. By the end of the hearing, the court decided to suspend the sentences of some convicts and grant them bail, pointing to serious gaps and contradictions in the prosecution story.
Background
The appeals arose from a judgment passed by the Sessions Court at Chapra, which had convicted the appellants under charges including rioting and murder. The case stemmed from a violent incident in June 2019 at village Anawal, Kopa police station area, where Randhir Sharma was stabbed and later died on the way to hospital.
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According to the FIR, a scuffle first broke out between the informant and members of another group. About fifteen minutes later, when Randhir Sharma arrived, he was allegedly attacked with knives. The trial court accepted the prosecution version and sentenced the accused to life imprisonment, along with other jail terms and fines.
Court’s Observations
During the bail hearing, the High Court closely examined witness statements and the investigation record. The bench noted that most so-called eye-witnesses were close relatives of the informant. Some admitted they were testifying for the first time in court, while one was described as a “chance witness”.
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More importantly, the judges found major inconsistencies about where and how the fatal assault happened. “The initial version in the FIR does not mention that the deceased was dragged behind the mosque,” the bench observed, adding that such details appeared later during trial. The investigating officer had also conceded that no blood-stained soil or other physical evidence was collected to firmly establish the place of occurrence.
On the question of common intention, the court said the evidence showed that only three persons were armed with knives, while the present appellants were allegedly unarmed. Citing settled law, the bench remarked that when many people are accused together, courts must be cautious and look for clear proof of a shared plan to commit murder.
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Decision
Taking an overall view, the High Court held that the contradictions in witness accounts, uncertainty about the place of occurrence, and lack of clear proof of a common object made out a case for relief.
“A case for suspension of sentence and release on bail during the pendency of the appeals has been made out,” the bench observed.
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Accordingly, the court suspended the sentences of the appellants and directed their release on bail, subject to conditions, until the criminal appeals are finally decided.
Case Title: Zaka @ Zakir Hussain @ Zakir Sah & Others vs State of Bihar
Case Type: Criminal Appeal (DB) – Suspension of Sentence / Bail
Case No.: Criminal Appeal (DB) No. 71 of 2025 and Criminal Appeal (DB) No. 177 of 2025
Date of Judgment: 17 December 2025
