Patna High Court
Suleman @ Gulpar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court grants bail to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Suleman @ Gulpar Alam, was in judicial custody for murder under IPC sections 302 and 34 arising from a case registered on 30.05.2024. He had previously been granted bail in a related criminal miscellaneous petition, but the order became ineffective because he made a confessional statement that was not disclosed in the bail application. The petitioner argued that his detention was based on the confessional statement of another accused, Shakil @ Md. Shakil Alam, and that he has no prior criminal record. The State opposed bail, contending that the petitioner had previously made false statements leading to his continued custody. After considering the submissions, the court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether bail should be granted to the petitioner despite a prior confessional statement and alleged false statements in earlier bail applications
- Whether the petitioner’s lack of criminal antecedent justifies release on bail
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- confessional statement
- criminal antecedent
- conditions of bail
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64747 of 2025
Arising Out of PS. Case No.-56 Year-2024 Thana- PAHARKATTA District- Kishanganj
======================================================
Suleman @ Gulpar Alam S/O Safir Alam R/O Khajurbari, P.S.- Paharkatta,
Dist.- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh, Advocate
For the State : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 06-02-2026 Heard Mr. Dilip Kumar Singh, learned counsel
for the petitioner and Mrs. Sangeeta Sharma, learned APP
representing the State.
2. The petitioner is in custody in connection with
S.T. No. 184 of 2024 arising out of Paharkatta P.S. Case No.
56 of 2024 for the offence punishable under sections 302 and
34 of the Indian Penal Code, lodged on 30.05.2024 by the
informant, Firoz Ansari.
3. As per the prosecution story, the informant alleged
that he got an information that his brother Saheb @
Kamruzamma Ansari has been killed by slitting his neck,
accordingly, the F.I.R..
4. It is to be noted that relief was granted to the
Patna High Court CR. MISC. No.64747 of 2025(4) dt.06-02-2026
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petitioner in Cr. Misc. No. 55560 of 2025 on 12.08.2025 with
the condition that if he also had made confessional made
statement and has criminal antecedent, the order shall become
infructuous.
5. It later came to notice that he made confessional
statement which was not incorporated in the bail petition
accordingly, the order became infructuous. This is the second
attempt.
6. Learned counsel for the petitioner submits that the
persons who were rounded up including this petitioner on the
basis of confessional statement made by Shakil @ Md. Shakil
Alam. Submission is that he has been granted relief in Cr.
Misc. No. 35761 of 2025 by a coordinate Bench, the said order
has been annexed with the present petition.
7. Learned APP opposes the prayer for bail
submitting that earlier in the bail application false statement
was made which led to his judicial custody till date.
8. Taking into account the submission of the parties
as also that the petitioner do not have criminal antecedent Md.
Shakil Alam as recorded above has been extended relief, he
has remained in custody since 03.06.2024, in that background,
this Court is inclined to extend him the privilege of bail.
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9. Let the petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of like amount each to the satisfaction of learned
Principal District & Sessions Judge, Kishanganj, in
connection with S.T. No. 184 of 2024 arising out of Paharkatta
P.S. Case No. 56 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and at the end of the period a certificate be
submitted before the Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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