Patna High Court
Md. Ashif MustafaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to regular bail and is released on bond.
Summary
The petitioner, Md. Ashif Mustafa, was arrested in connection with a case involving the alleged firing that led to the death of an informant's husband. The prosecution alleged that the petitioner was present at the scene, while the specific act of firing was attributed to co‑accused Nilesh Kumar. The petitioner claimed a clean antecedent and had been in custody since 19‑08‑2025. The State opposed the bail, but the court considered the nature of the accusation, the petitioner’s clean record, and the length of custody. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing release upon satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 307, 34, 302 IPC and Section 27 of the Arms Act
- Whether the petitioner’s alleged presence without a specific overt act warrants denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34
Subjects
- bail
- Indian Penal Code
- Arms Act
- attempted murder
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31110 of 2026
Arising Out of PS. Case No.-1014 Year-2023 Thana- NAGAR District- Vaishali
======================================================
Md. Ashif Mustafa S/o Md. Jubair Alam @ Zubair Alam R/o Village -
Maksudpura S.D.O Road, Ward no.- 12 , P.S - Nagar (Town) Hajipur , District
- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Vaishali Nagar P. S. Case No. 1014 of 2023 registered for the
offences punishable under Sections 307/34 of the Indian Penal
Code to which Section 302 IPC and Section 27 of the Arms Act
were added later on.
3. As per prosecution case, this petitioner along with
other accused persons entered the house of informant and co-
accused Nilesh Kumar fired upon the husband of informant as a
result of which, he died during course of treatment.
4. Learned counsel for the petitioner submits that
petitioner is only alleged to be present at the place of
Patna High Court CR. MISC. No.31110 of 2026(2) dt.14-05-2026
2/2
occurrence. Specific accusation of firing is against co-accused
Nilesh Kumar and there is no allegation of any specific overt act
against petitioner. Petitioner claims clean antecedent and is in
custody since 19.08.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to 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 Chief Judicial Magistrate, Vaishali at Hajipur in
connection with Vaishali Nagar P. S. Case No. 1014 of 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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