Created by Fuzzy Cloud

Patna High Court

Md. Ashlam @ KaruversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
                                            2/4




          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
                                            3/4




          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
             Patna High Court CR. MISC. No.12745 of 2026(4) dt.06-05-2026
                                                         4/4




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.