Patna High Court
Md AjaharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Md Ajahar, was arrested in connection with an arson attack that allegedly caused the deaths of Sabir Hasan and Md Arman, and was charged under several sections of the Bhartiya Nyaya Sanhita. He contended that he was not named in the FIR, had no direct evidence linking him to the crime, and had no prior criminal record, arguing that his continued detention was unjustified. The State and the informant opposed bail, citing the seriousness of the offences and the recovery of a mobile phone belonging to a deceased victim from the petitioner’s possession. The court examined the circumstances, including the length of the petitioner’s custody, and found insufficient justification to deny bail. Consequently, the court granted bail on the condition of a Rs.15,000 bond, two sureties, and compliance with attendance requirements.
Issues considered
- Whether bail should be granted to the accused in a case involving arson and alleged homicide under Sections 326(g), 103(1), 61(2), 124(1), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the evidence, including the recovered mobile phone, is sufficient to justify denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103(1), 109(1), 124(1), 326(g), 3(5), 61(2)
Subjects
- bail
- arson
- homicide
- criminal procedure
- Bhartiya Nyaya Sanhita
- serious offences
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70780 of 2025
Arising Out of PS. Case No.-237 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Md Ajahar Son of Md Allauddin Resident Of Village- Chhoti Ballia, Satti
Chaura, Ps- Ballia, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
For the Informant : Mr. Manoj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the Informant. Perused
the case diary.
2. The petitioner seeks bail in connection with Ballia
P.S. Case No. 237 of 2024 instituted for the offences under
Sections 326(g), 103(1), 61(2), 124(1) & 109(1) of the Bhartiya
Nyaya Sanhita.
4. As per prosecution case, some persons came in the
house of the Informant and throw petrol over the body of her
father Sabir Hasan and brother Md. Arman and set them into fire
due to which both of them got serious burn injury. It is alleged
that both of them died in course of their treatment.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.70780 of 2025(3) dt.02-02-2026
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petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
The petitioner is not named in the F.I.R. and his name has
transpired in this case in course of investigation. The petitioner
has not committed any offence as alleged in the F.I.R. There is
no specific or direct allegation of any overt act against the
petitioners rather the same is general and omnibus in nature. The
postmortem report does not support the prosecution case. The
petitioner has no criminal antecedent and is languishing in
judicial custody since 16.02.2025, respectively without any
rhymes or reason.
6. On the other hand, learned A.P.P. for the State and
the Informant have vehemently opposed the prayer for grant of
bail to the petitioner, stating that the offence alleged against the
petitioner is serious in nature. In para-76 of the case diary, the
injured Md. Arman has not taken the name of the petitioner, but
mobile phone of the deceased was recovered from the
petitioner’s possession. The Investigating Officer, after
completion of investigation, has submitted charge-sheet under
Sections 326(g), 103(1), 61(2), 109(1), 3(5) of the Bhartiya
Nyaya Sanhita. Bail of other co-accused has been rejected by
this Court vide order dated 07-04-2025, passed in Cr. Misc. No.
Patna High Court CR. MISC. No.70780 of 2025(3) dt.02-02-2026
3/3
1197 of 2025.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ballia P.S. Case No.
237 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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