Patna High Court
Molvi Arshad @ Arshad @ ArsadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120, 147, 148, 149, 302, 323, 324, 341, 504, 506, B
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
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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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