Patna High Court
Asif Ali @ GoluversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Asif Ali @ Golu, was arrested in connection with an offence under section 309(4) of the B.N.S. after a robbery incident. He contended that his name was absent from the FIR and that no material, except a confessional statement, was recovered from him, while he had been in judicial custody since 15 September 2025. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court noted the lack of substantive evidence linking the petitioner to the crime and considered his prolonged custody. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under section 309(4) of the B.N.S. given the absence of his name in the FIR and lack of recovered material.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- regular bail
- section 309(4)
- B.N.S.
- judicial custody
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3156 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- AANDAR District- Siwan
======================================================
Asif Ali @ Golu S/o Haider Ali R/o Vill- Sultanpur Takiya, P.s.- Andar, Distt-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mrs .Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 309(4) of
B.N.S.
3. The case of the prosecution is that as the informant
was returning from his office, as he reached near Andar more,
three persons on a bike followed him and intercepted him. After
that, his bike and mobile were snatched.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the name of this petitioner was not there in
the FIR. The petitioner was remanded in this case from Andar
Patna High Court CR. MISC. No.3156 of 2026(2) dt.04-02-2026
2/2
P.S. Case No. 238 of 2025 wherein he has given his confessional
statement. Learned counsel has further submitted that nothing
has been recovered from his possession. Save and except,
confessional statement, there is nothing against him. Moreover,
he is languishing in judicial custody since 15.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of two
cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Andar P.S. Case No. 225 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-1st Class,
Siwan.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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