Patna High Court
Arsad Ali @ Arsad ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Arsad Ali, was named in an FIR alleging murder under Sections 302, 201 and 34 of the Indian Penal Code, based on the informant's claim that he participated in the abduction and killing of her husband. The petitioner contended that he was innocent, the FIR was lodged after an unreasonable five‑day delay, the informant was not an eye‑witness, and the death was actually due to a vehicular accident. He also highlighted that co‑accused had been granted bail in a related case and that he possessed a clean antecedent. The State opposed the grant of anticipatory bail. Considering the lack of concrete evidence, the delay, the petitioner's clean record and parity with co‑accused, the Court allowed the prayer for anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Sections 302, 201 and 34 IPC.
- Whether the delay in lodging the FIR and lack of eye‑witness testimony render the prosecution case doubtful.
- Whether the petitioner's clean antecedents and parity with co‑accused warrant bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- murder
- IPC
- Section 302
- Section 201
- Section 34
- Criminal Procedure Code
- Section 482
- delay in FIR
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75067 of 2025
Arising Out of PS. Case No.-682 Year-2022 Thana- SIWAN CITY District- Siwan
======================================================
Arsad Ali @ Arsad Shah S/O Makbool Shah @ Makbool R/O Village- Ismail
Shahid Takiya, P.S- Siwan Town (Sarai O.P.), Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar , Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 302, 201
and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner,
abducted husband of informant and later on, dead body of
husband of informant was found. Informant suspects that all the
F.I.R. named accused persons, including this petitioner,
committed murder of her husband.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. The present F.I.R. has been lodged after
Patna High Court CR. MISC. No.75067 of 2025(2) dt.05-02-2026
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inordinate delay of 5 days and there is no plausible explanation
for the same which itself makes the entire prosecution case
doubtful. Informant does not appear to be an eye witness of the
alleged occurrence and no specific accusation of overt act has
been alleged against this petitioner. As a matter of fact, death of
informant’s husband took place due to vehicular accident.
Petitioners have falsely been implicated in this case merely
because prior to lodging of the present case, Siwan Town P.S.
Case No. 674 of 2022 was lodged by co-accused persons against
husband of informant and others. It is further submitted that
similarly situated co-accused persons have already been granted
bail by a Co-ordinate Bench of this Hon’ble Court vide order
dated 30.01.2024 passed in Cr. Misc. No. 39477 of 2023.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, claim based on parity and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.75067 of 2025(2) dt.05-02-2026
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a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J M 1 st Class, Siwan ,
District- Siwan in connection with Siwan Town ( Sarai OP) P.S.
Case No. 682 of 2022, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
Koushik/-
U
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