Patna High Court
Md. Aashik @ Md. AasikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that despite the alleged misuse, the petitioner is entitled to regular bail and ordered his release on bail.
Summary
The petitioner, Md. Aashik, was charged under Sections 364, 302, 201 and 34 of the Indian Penal Code for the alleged murder of a school‑going boy, Gautam Kumar, whose body was recovered from Arariya Bandh. The petitioner claimed innocence, a clean antecedent, and had been in custody since 31‑12‑2025. He applied for regular bail, undertaking to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail. The Court, after hearing both sides, observed that the bail application was a misuse but nonetheless allowed it, directing the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused charged with murder and related offences under the IPC.
- Whether the prolonged custody and alleged misuse of the bail application preclude granting bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 364
Subjects
- bail
- murder
- Indian Penal Code
- criminal procedure
- misuse of bail application
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17453 of 2026
Arising Out of PS. Case No.-183 Year-2013 Thana- PARBATTA District- Khagaria
======================================================
Md. Aashik @ Md. Aasik S/O Md. Wajid Ali Village- Deori, Ward No. 6,
Police Station- Parbatta (Maraiya), District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Parbatta P.S. Case No. 183/2013 registered for the offences
punishable under Sections 364, 302, 201/34 of the Indian Penal
Code.
3. As per the prosecution case, informant Sikandar
Sharma’s son Gautam Kumar was cycling to school when mud
splashed on the petitioner’s daughter and granddaughter, leading
to a warning. Later, when Gautam went to buy a pen, he went
missing. His dead body was subsequently recovered from
Arariya Bandh, suspected to be murdered by the petitioner and
others.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17453 of 2026(2) dt.16-03-2026
2/2
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 31.12.2025. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the submissions advanced on behalf of
the parties and in view of this Court this case is a misuse of bail
application in which the petitioner is in custody since
31.12.2025, hence this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional District and Sessions
Judge- 1st, Khagaria /concerned Court below in connection with
Parbatta P.S. Case No. 183 of 2013.
(Sandeep Kumar, J)
tusharika/-
U T
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