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Patna High Court

Md. AshrafversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.

Summary

The petitioner, Md. Ashraf, sought regular bail in a case (PS Case No. 550 of 2025) involving multiple serious offences under sections 318(4), 303(2), 338, 336(3), 340(2), 317(4), 111(3), 111(4) and 3(5) of the Bihar Negotiable... Act. The prosecution alleged that a woman fell from a tempo after a robbery attempt by four persons, and that a suspect named Nazir was found with a mobile phone, who implicated the petitioner. The petitioner’s counsel argued that no material was recovered from him, no TIP was conducted, and that he was innocent despite having three prior cases and being in custody since July 2025. The State opposed bail. After hearing both sides, the court found insufficient direct evidence against the petitioner and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under the listed sections of the Bihar Negotiable... Act?
  • Whether the lack of material recovery and absence of a TIP against the petitioner justify bail despite his prior criminal antecedents?

Subjects

  • regular bail
  • bail jurisdiction
  • criminal procedure
  • Bihar Negotiable... Act
  • sections 318, 303, 338, 336, 340, 317, 111
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10371 of 2026
                 Arising Out of PS. Case No.-550 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Md. Ashraf S/o Md. Rafiq Resident of Mohalla - Rooranibag @ Saranibag @
                 Nooranibag, P.S - Alamganj, District - Patna
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Brajesh Sahay, Advocate
                                                Mrs. Rupa Sinha, Advocate
                                                Ms. Rishika Arya, Advocate
                                                Mr. Noumaan Ahmad, Advocate
                 For the Opposite Party/s :     Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 318(4),

                   303(2), 338, 336(3), 340(2), 317(4), 111(3), 111(4) and 3(5) of

                   BNS.

                                 3. The case of the prosecution is that the police had

                   information that a lady has fallen from a tempo when the police

                   reached there, it was informed that four persons on a tempo

                   were there and they started snatching her jewellery and on this,

                   she jumped down from the tempo. Police has apprehended on

                   Nazir and from his possession, a mobile was recovered.

                                 4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.10371 of 2026(2) dt.20-02-2026
                                                        2/2




                      petitioner is innocent and has committed no offence. Learned

                      counsel for the petitioner has submitted that apprehended person

                      Nazir has disclosed the name of the petitioner and others.

                      Nothing has been recovered from the possession of this

                      petitioner. No TIP has been conducted. As the petitioner is

                      having criminal antecedent of three cases, he has been framed in

                      this case. Moreover, the petitioner is languishing in judicial

                      custody since 05.07.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Ramkrishna Nagar P.S. Case No. 550 of 2025 on furnishing bail

                      bond of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Judicial Magistrate-

                      First Class-15, Patna.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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