Patna High Court
Md Azam @ Mohd.AzamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md Azam, applied for regular bail in a case registered under sections 105, 110 and 287 of the Bharatiya Nyaya Sanhita, 2023, alleging his involvement in the illegal sale of petrol and diesel that caused a fire and the death of the informant's father. The prosecution contended that the petitioner, though not named in the FIR, was falsely implicated and that photographs showed illegal storage of fuel by him and his father. The petitioner argued he has no criminal antecedents, was not named in the FIR, and has been in custody for five months since 4 August 2025 with a charge‑sheet already filed. The State opposed bail, citing earlier promises by the petitioner not to engage in illicit fuel sales and the seriousness of the accident. After considering the allegations, the duration of custody, and the grant of bail to the petitioner’s father, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Purnia.
Issues considered
- What is the applicability of regular bail under sections 105, 110 and 287 of the Bharatiya Nyaya Sanhita, 2023 to the petitioner in the present circumstances?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 110, 287
Subjects
- regular bail
- criminal procedure
- illegal sale of petroleum
- accidental death
- Bharatiya Nyaya Sanhita
- charge sheet
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74300 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Md Azam @ Mohd.Azam, Son of Md. Hasim, Resident of Dubaili, Ward No.-
4, P.S.- Dagarua, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Md Fazle Karim, Advocate
For the State : Mr. Damodar Prasad Tiwary, APP
For the Informant : Mr. Md. Helal Ahmad, Advocate
Ms. Ridhima Raj, Advocate
Mr. Mohammad Tahmeed, Advocate
Mr. Helal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dagarua P.S. Case no.70
of 2025, registered under section 105, 110 and 287 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner who are neighbours of the father of the
informant were involved in illegal sale of petrol and diesel. As a
result of an accident, fire started and in the same the father of
the informant died. Others were also injured.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. He has been falsely
implicated in the case for the reason of his being the son of Md.
Patna High Court CR. MISC. No.74300 of 2025(3) dt.21-01-2026
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Hasim. Md. Hasim has been enlarged on bail vide order dated
16.12.2025 passed in Cr. Misc. no.86223 of 2025. The petitioner
who has no criminal antecedent is in custody since 4.8.2025 and
charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant.
Learned A.P.P. for the State has referred to different paragraphs
of the case diary including paragraph nos.9, 10 and 11 to submit
that even on an earlier occasion the petitioner had promised not
to be involved in illicit sale of petrol and diesel. Learned A.P.P.
for the State has also brought to the notice of the Court the
photographs of the accident as a result of the illegal storage of
petrol and diesel by the petitioner and his father.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired against the petitioner in course of
investigation, grant of bail to the F.I.R. named accused Md.
Hasim vide order dated 16.12.2025 passed in Cr. Misc.
no.86223 of 2025, the petitioner having remained in custody for
5 months since 4.8.2025 and charge-sheet having been
submitted in the case, the petitioner is directed to be enlarged on
bail in connection with Dagarua P.S. Case no.70 of 2025, on
Patna High Court CR. MISC. No.74300 of 2025(3) dt.21-01-2026
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furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Purnia.
(Partha Sarthy, J)
avinash/-
U T
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