Patna High Court
Md. Aslam Ali @ Md. AslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Aslam Ali, was implicated in a murder case (Case No. 516 of 2022) involving offences under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged the deceased was killed by unknown persons, and two similarly situated accused had already been acquitted. The petitioner argued that he was falsely implicated, not named in the FIR, and that there was no direct material against him, asserting that his arrest was based solely on suspicion. He had been in custody since 13 February 2025, while a co-accused had been granted regular bail in a prior order dated 19 August 2023. The State opposed the bail, but the court, after considering the lack of substantive evidence, allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The order emphasized that its observations were prima facie and not to influence the trial's merits.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the absence of direct material and the petitioner not being named in the FIR justify granting bail.
- Whether the prior acquittal of similarly situated co-accused impacts the bail decision.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- regular bail
- false implication
- suspicion
- murder
- conspiracy
- arms act
- IPC 302
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42108 of 2025
Arising Out of PS. Case No.-516 Year-2022 Thana- TURKAULIYA District- East
Champaran
======================================================
Md. Aslam Ali @ Md. Aslam Son of Khairati Miyaan Resident of village-
Sirisiya Mal, Ward no.- 2, PS- Nakardei, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P. N. Shahi, Sr. Advocate
Mr. Shivam, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 05-05-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. This application for grant of regular bail arises out
of Turkauliya (Banjariya) P.S. Case No. 516 of 2022 registered
for the offence punishable under Sections 302, 120 (B)/34 of the
Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, the deceased was
killed by unknown persons. Two similarly situated accused
persons were put on trial and they have been acquitted.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
There is no direct material against the petitioner. Subsequently,
the petitioner is not named in the FIR and he has been made
accused in this case merely on the basis of suspicion. Similarly
situated co-accused person has already been granted regular by
Patna High Court CR. MISC. No.42108 of 2025(6) dt.05-05-2026
2/2
this Court vide order dated 19.08.2023 passed in Cr. Misc. No.
45830 of 2023. He is in custody since 13.02.2025.
5. Learned APP for the State has opposed the prayer
for bail.
6. Considering the aforesaid facts, this application is
allowed.
7. 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 satisfaction of the
learned Chief Judicial Magistrate, East Champaran, Motihari
/Successor Court, in connection with Turkauliya (Banjariya) P.S.
Case No. 516 of 2022.
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)
Ranjeet/-
U T
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