Patna High Court
Aftab Alam @ Mohammad Ali @ Md. AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties, subject to compliance with appearance requirements.
Summary
The petitioner, Aftab Alam, was charged under multiple sections of the Indian Penal Code for allegedly assaulting Md. Khalil, who later died from his injuries. The petitioner sought bail, arguing that co-accused had already been granted bail and that he had been in custody since June 6, 2025. The State opposed the bail application, contending the seriousness of the offences. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of regular appearance and possible cancellation for non‑compliance or repeat offences. The order also directed that the petitioner must be represented at every trial date, with bail bonds cancellable upon failure to appear on two consecutive dates.
Issues considered
- What are the grounds for granting bail to an accused charged with offences under Sections 147, 148, 149, 323, 324, 307, 302, 447, 504, and 506 of the IPC?
- Whether the petitioner’s custody since 06‑06‑2025 and the fact that co‑accused have been granted bail affect the decision to grant bail?
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 447, 504, 506
Subjects
- bail
- Indian Penal Code
- murder
- assault
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19012 of 2026
Arising Out of PS. Case No.-292 Year-2016 Thana- MUFFASIL District- West Champaran
======================================================
Aftab Alam @ Mohammad Ali @ Md. Ali S/o Late Md. Mumtaj Ansari @
Mumtaj Miyan R/o Village- Vishambharpur, P.S- Bettiah Muffasil, Dist- West
Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 518 of 2025 arising out of Bettiah Muffasil
P.S. Case No. 292 of 2016, registered for the offence under
Sections 147/148/149/323/324/307/302/447/504/506 of the
Indian Penal Code.
3. As per the prosecution case, the accusation against
the petitioner is that he and the other accused persons allegedly
assaulted the deceased by means of knife, khanti and rod, due to
which deceased Md. Khalil sustained injuries and during course
of treatment, he died.
4. Learned counsel appearing for the petitioner
submits that there is general and omnibus allegations against the
Patna High Court CR. MISC. No.19012 of 2026(2) dt.25-03-2026
2/2
petitioner and the other co-accused persons have been granted
the privilege of bail. Moreover, charges have been framed
against the petitioner and he is in custody since 06.06.2025.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge, Bettiah, in connection with Sessions Case No.
518 of 2025, arising out of Bettiah Muffasil P.S. Case No. 292
of 2016.
7. It is directed that the petitioner would be
represented on each and every date in the trial and on failure on
two consecutive dates, the learned court below would be at
liberty to cancel his bail bonds. It is further directed that if the
petitioner gets himself involved in similar nature of offences,
the prosecution would be at liberty to file cancellation of bail
before appropriate forum.
(Praveen Kumar, J)
Pawan/-
U T
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