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Patna High Court

Molvi Arshad @ Arshad @ ArsadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Molvi Arshad, aged about 75, was arrested in connection with FIR No. 343 of 2023 for offences under Sections 147, 148, 149, 341, 323, 324, 302, 120(B), 504 and 506 of the Indian Penal Code. He has been in custody since 11 March 2025, has no criminal antecedents, and the charge was framed only on 4 November 2026 with no witness examination to date. The petitioner sought regular bail for the second time after a previous application was rejected. The court examined the petitioner’s advanced age, the inordinate delay in trial, and the absence of any substantive investigation, and held that these factors outweighed the seriousness of the alleged offences. Accordingly, the court granted regular bail on a bond of Rs. 10,000 with two sureties, subject to the condition of regular appearance in court.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the IPC.
  • Whether the petitioner’s advanced age and the delay in trial justify the grant of bail.
  • Whether the lack of witness examination and the absence of criminal antecedents warrant bail.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • delay in trial
  • age factor
  • serious offences
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19599 of 2026
                     Arising Out of PS. Case No.-343 Year-2023 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Molvi Arshad @ Arshad @ Arsad Son of Kavil Hussain Resident of Village -
                 Haldia Bokra, Salim Tola, Ward No.- 7, P.S.- Forbesganj (Simraha), District -
                 Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. Learned counsel for the petitioner, at the very

                   outset, submits that in the petition, the age of the petitioner has

                   been mentioned as 58 years but he is aged about 75 years which

                   is apparent from the photocopy of Aadhar Card produced by the

                   learned counsel for the petitioner and the same is taken on

                   record.

                                3. This is the 2nd attempt of the petitioner for regular

                   bail in connection with Forbesganj (Simraha) P.S. Case No. 343

                   of 2023 registered for the offence under Sections 147, 148, 149,

                   341, 323, 324, 302, 120(B), 504 & 506 of the Indian Penal

                   Code. Earlier the bail application of the petitioner was rejected
Patna High Court CR. MISC. No.19599 of 2026(2) dt.30-04-2026
                                            2/3




          on 14.08.2025 in Cr. Misc. No. 39299 of 2025.

                       4. As per the prosecution case, the accused persons

          named in the F.I.R. are alleged to have assaulted the informant's

          husband with a knife, sword and garasa and broke his hands

          and legs. The injured person was taken to the hospital where he

          died during the course of treatment.

                       5. The learned counsel for the petitioner submits that

          petitioner is innocent and has not committed any offence.

          Petitioner is in custody since 11.03.2025 and has no criminal

          antecedent. The charge has been framed on 04.11.2026 and no

          any witness has been examined till date.

                       6. Learned A.P.P. has vehemently opposed the prayer

          for bail.

                       7. Considering the aforesaid facts and circumstances,

          the age of the petitioner and the delay in trial, this application

          for regular bail is allowed.

                       8. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is

          pending/successor Court in connection with Forbesganj

          (Simraha) P.S. Case No. 343 of 2023 subject to condition that:-
            Patna High Court CR. MISC. No.19599 of 2026(2) dt.30-04-2026
                                                        3/3




                                                         (i). The petitioner shall appear in
                                              the trial regularly either personally or
                                              through his lawyer and shall cooperate in
                                              the trial and non-cooperation in the trial
                                              shall result in cancellation of the bail bond
                                              of the petitioner.


                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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