Patna High Court
Md. AsfakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Md. Asfak, was arrested on 9 September 2024 in connection with a 2022 case involving alleged attempts to murder, assault, and illegal possession of arms. The prosecution's case relied primarily on statements made by co-accused individuals who were apprehended at the scene, with no direct material recovered from the petitioner. The petitioner contended that he was falsely implicated, emphasizing the lack of independent evidence against him. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal record. The court, after considering the circumstances and the length of custody, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of trial cooperation, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC and Arms Act.
- Whether the testimony of co‑accused persons constitutes sufficient material to justify continued detention.
- Whether the petitioner’s prior criminal antecedent impacts the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Indian Penal Code — s. 307, 34, 353, 504
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal antecedent
- co‑accused testimony
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24597 of 2026
Arising Out of PS. Case No.-264 Year-2022 Thana- BELDOUR District- Khagaria
======================================================
Md. Asfak Son of Md. Ebrar @ Ebo Miyan @ Md. Iftekhar Resident of
village- Chodhli, Ps- Beldaur, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Dhananjay Kumar Tiwary, learned
counsel for the petitioner and Mr. Navin Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.09.2024 in connection with Suppl. Beldaur P.S. Case No. 264
of 2022, F.I.R. dated 30.11.2022 for the offences punishable
under Sections 307, 353, 504/34 of the IPC and Sections 25(1-
B)a, 26, 27 and 35 of the Arms Act.
3. According to prosecution case, the informant on
secret information that some miscreants are going to commit
some serious crime committed raid upon the place of occurrence
where three persons were apprehended and they disclosed the
name of the petitioner who managed to escape from the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.24597 of 2026(2) dt.22-04-2026
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present case. He further submits that the name of the petitioner
has been transpired on the basis of disclosure made by the
apprehended co-accused, namely, Md. Ebrrar @ Ebbo and
Lavan Sharma and recovery has also been made from the co-
accused persons and nothing has been recovered from the
possession of the petitioner. Except disclosure made by the co-
accused persons no other material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 09.09.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is involved in the present crime in
question and he escaped from the place of occurrence. Apart
from that the petitioner carries one criminal antecedent other
than the present one but fairly submits that he is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances
as well as period of custody, 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
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satisfaction of the learned CJM, Khagaria in connection with
Suppl. Beldaur P.S. Case No. 264 of 2022, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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