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Patna High Court

Md. Aashik @ Md. AasikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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