Patna High Court
Md. Ashlam @ KaruversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Md. Ashlam @ Karu, was arrested in connection with a case involving the theft of a buffalo, the shooting of the victim's brother, and the death of the brother, alleged under Sections 303(2), 103(1) of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that no third information report (TIP) had been filed, the charge sheet was filed without a TIP, and his confessional statement made in police custody lacked evidentiary value. The State opposed bail, while the petitioner highlighted the lack of material linking him to the crime and his clean record in other cases. The court examined the submissions, noted the absence of any allegation of tampering or flight risk, and considered the petitioner’s custody since October 2025. Consequently, the court granted regular bail on the condition of a Rs.10,000 bond, two sureties, and compliance with several conditions including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S. and the Arms Act.
Legislation cited
Subjects
- regular bail
- criminal procedure
- Arms Act
- murder
- theft
- evidence
- confessional statement
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12745 of 2026
Arising Out of PS. Case No.-351 Year-2025 Thana- NARPATGANJ District- Araria
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Md. Ashlam @ Karu S/o Sarfuddin R/o Village- Dhangama Ward No.10, P.S-
Mahalgaon, Dist- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Adv
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Narpatganj P.S. Case
No. 351 of 2025 registered for the offences punishable under
Sections 303(2), 103(1) of the B.N.S. and Section 27 of the
Arms Act.
3. As per the prosecution case, the elder brother of the
informant went to attend call of nature outside then he found
that the buffalo, worth Rs. 1,25,000/-, was not there. Thereafter,
the elder brother, after informing his family members, went
along with co-accused Md. Gaffar for searching the buffalo. It is
alleged that, on the intervening night of 23.09.2025 and
24.09.2025 at about 01:30 A.M., four to five unknown persons
Patna High Court CR. MISC. No.12745 of 2026(4) dt.06-05-2026
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were trying to load the said buffalo on a pick up van. The
brother of the informant, namely Md. Sohrab, tried to catch
those persons, one unknown person fired upon the elder brother
of the informant by means of country made pistol, which hit him
and Md. Gaffar, who was accompanying the elder brother of the
informant, managed to escape from the said firing. The
informant went to the place of occurrence and found his elder
brother, Md. Sohrab, lying in injured condition with the bullet
injury in his chest. He was brought to the hospital, where the
doctor declared him dead.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been further submitted, that although petitioner
was taken in custody but till date no TIP of the petitioner has
been held, chargesheet has been filed without holding the TIP.
Moreover, there are call details as well as electronic evidence as
regards talking with other co-accused persons and also presence
of the petitioner at the place of occurrence, but the veracity of
the same has to be tested during trial. It has further been
submitted that the other material against the petitioner is his self
confessional statement before police while in police custody,
which has got no evidentially value. Learned counsel for the
Patna High Court CR. MISC. No.12745 of 2026(4) dt.06-05-2026
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petitioner has further submitted that although he was made
accused in two more cases, but in bail on those cases. It has
lastly been submitted that petitioner is in custody since
02.10.2025 and there is no allegation of tampering against him.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Narpatganj P.S. Case No. 351 of 2025
with a condition:-
(i) The petitioner is directed to co-operate in the trial
and be well represented on each and every date fixed in the trial
and failure to appear on two consecutive dates, the court below
would be at liberty to cancel the bail bonds of the petitioner.
(ii) One of the bailors will be close relative of the
petitioner.
(iii) The petitioner would not tamper with the
evidence, and if there are complaints against the petitioner in
this regard the court below would be at liberty to cancel the bail
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bonds of the petitioner.
(iv) If the petitioner is found involved in similar
nature of offence in future his bail bond would be automatically
cancelled.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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