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Patna High Court

Ajam Alam @ AjamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order denying bail is set aside, directing that the appellant be released on bail.

Summary

Ajam Alam appealed against the denial of bail in a case where he was charged with attempting to outrage the modesty of Shaili Baski on gunpoint, along with offences under the Bihar Narcotic Substances Act, the Arms Act and the SC/ST Act. The trial court had rejected his bail application, relying on the allegations that he entered the respondent's house with a country‑made pistol. The appellant contended that he was falsely implicated, that no weapon was recovered from him, and that only the respondent and her sister‑in‑law were examined as witnesses. The High Court, after hearing counsel, found that there was no specific overt act establishing his guilt and that the evidence was insufficient to justify continued custody. Consequently, the Court set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on bail upon furnishing a bond with sureties.

Issues considered

  • Whether the appellant is entitled to bail despite the serious nature of the charges under the B.N.S., Arms Act and SC/ST Act.
  • Whether the evidence on record, particularly the lack of a recovered weapon and limited witness testimony, is sufficient to justify denial of bail.
  • Whether the alleged act of attempting to outrage modesty on gunpoint constitutes an overt act warranting continued detention.

Legislation cited

Subjects

  • bail
  • attempted outrage of modesty
  • illegal firearm
  • false implication
  • evidentiary insufficiency
  • Criminal Procedure Code
  • Arms Act
  • SC/ST Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5074 of 2025
                 Arising Out of PS. Case No.-334 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Ajam Alam @ Ajam Son of Late Aniruddin @ Aniroddin Resident of
                 Pahatgaon, Ward No. 01, P.S. - Bahadurganj, District - Kishanganj.

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Shaili Baski Wife of Jitan Murmu Resident of Pahatgaon, Ward No. 01, P.S.
                 - Bahadurganj, District - Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Raj Kumar, Advocate
                 For the State          :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   20-04-2026                    Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the respondent.

                                2. The instant appeal has been filed by the appellant

                   against the order dated 13.11.2025 passed by learned District

                   and Additional Sessions Judge 1st, Kishanganj whereby the

                   prayer for bail of the appellant in connection with Bahadurganj

                   P.S. Case no. 334 of 2025 under Sections 331(6), 74, 75, 351(2)

                   of B.N.S., Sections 25(1-B)a, 26 of the Arms Act and Sections

                   3(i)(w)(i)3(2) (va) of SC/ST Act was rejected.

                                3. The case of the respondent is that the appellant

                   entered the house of the respondent and attempted to outrage her
Patna High Court CR. APP (SJ) No.5074 of 2025(4) dt.20-04-2026
                                             2/3




          modesty on gun point. It is further alleged that as the respondent

          raised alarm, her sister-in-law arrived and later on, the appellant

          was apprehended with country made pistol.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. Learned

          counsel has submitted that as a matter of fact, nothing has been

          recovered from the possession of this appellant. From perusal of

          the para 15 of the diary, it transpires that the respondent herself

          has presented the country made pistol and the appellant to the

          police. The real fact is that the respondent is indulged in

          manufacturing country made liquor which was objected by the

          appellant, due to which, he has been framed in this case.

          Learned counsel has submitted in entire investigation, only two

          witnesses have been examined by the police and they are the

          respondent and her sister-in-law. A statement has been made in

          para-3 of this petition that the appellant has got no criminal

          antecedent. Moreover, he is languishing in judicial custody since

          28.07.2025.

                       5. The appeal for bail is opposed by learned Spl. P.P.

          for the State and learned counsel for the respondent. Learned

          counsel has for the respondent has submitted that the appellant

          was caught red handed while he has entered the house of the
            Patna High Court CR. APP (SJ) No.5074 of 2025(4) dt.20-04-2026
                                                         3/3




                      respondent for outraging her modesty.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration that there is no any specific overt act

                      against the appellant, the Court is inclined to allow this appeal.

                      Accordingly, the appeal is allowed and the impugned order

                      dated 13.11.2025 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                      connection with Bahadurganj P.S. Case No. 334 of 2025 on

                      furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                      with two sureties of the like amount each to the satisfaction of

                      the learned District and Additional Sessions Judge 1 st,

                      Kishanganj.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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