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Patna High Court

Md. AsfakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.24597 of 2026(2) dt.22-04-2026
                                                        3/3




                      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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