Patna High Court
Moti AsrafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
Moti Asraf was arrested in connection with a murder case (Bheja P.S. Case No. 49 of 2020) under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that Md. Shamshad @ Laddan stabbed the deceased and that the petitioner, along with others, helped restrain the victim. The petitioner claimed innocence, a clean antecedent, and that he was falsely implicated due to his involvement in mediation. The State opposed the bail application, but the court considered the length of custody, the fact that the main accused was another individual, and the petitioner's clean record. The court granted regular bail on a bond of Rs. 10,000 with two sureties, subject to conditions of regular appearance and verification of antecedents.
Issues considered
- Whether regular bail can be granted to an accused in a murder case under Sections 302 and 34 of the IPC given the circumstances of the case.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- regular bail
- clean antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22019 of 2026
Arising Out of PS. Case No.-49 Year-2020 Thana- BHEJA District- Madhubani
======================================================
Moti Asraf S/o Abdul Hafij R/o Village - Mahpati, P.S. - Bheja , District -
Madhubnai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash
For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bheja P.S. Case No. 49 of 2020 registered for the offence under
Section(s) 302/34 of the Indian Penal Code.
3. As per the prosecution case, one Md. Shamshad @
Laddan is said to have stabbed the deceased. The petitioner and
others are said to have caught hold of the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 13.10.2025 and claims clean
antecedent. It is further submitted that the petitioner has been
falsely implicated in this case because he had participated in the
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mediation, and it is unbelievable that 4–5 persons could catch
hold of the deceased, after which someone would stab him.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the fact that the main accused is one
Md. Shamshad @ Laddan, 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 Court below where the case is
pending/successor Court in connection with Bheja P.S. Case No.
49 of 2020 subject to conditions that:-
(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.
(ii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
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above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. 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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