Patna High Court
Aasif Ali @ Saddam Hussain @ SadamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Aasif Ali, was arrested on 10 October 2025 in connection with a 2021 FIR alleging assault, attempted murder and theft under IPC sections 323, 324, 307 and 379. He sought bail, claiming a clean antecedent and that the allegations against him were false and unsupported by the FIR. The prosecution and the informant opposed bail, asserting his participation in the crime. The High Court examined the nature of the offences, the petitioner’s custody period, and his claim of false implication, and decided to grant bail on a Rs.10,000 bond with two sureties and several conditions, including cooperation with the trial and no tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the accused in a case involving offences of hurt, assault with dangerous weapon, attempt to murder and theft under the IPC.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 379
Subjects
- bail
- Indian Penal Code
- assault
- attempt to murder
- theft
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87010 of 2025
Arising Out of PS. Case No.-313 Year-2021 Thana- MASHRAK District- Saran
======================================================
Aasif Ali @ Saddam Hussain @ Sadam Son of Mahamad Samsad Ali R/o
Village - Karn Kudariya, P.S.- Mashrakh, District - Chapra, Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the State : Mr. Shailendra Kumar, APP
For the Informant : Mr. Hemant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Gajendra Kumar Singh, learned counsel
for the petitioner, Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State as well as Mr. Hemant Kumar,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
10.10.2025 in B.P. No. 1978 of 2025 arising out of Mashrakh
P.S. Case No. 313 of 2021, F.I.R. dated 13.06.2021 for the
offences punishable under Sections 323, 324, 307 & 379 of
Indian Penal Code.
3. According to prosecution case,the informant
alleged that the petitioner along with other accused persons
came to the shop of the informant’s son and assaulted him with
intention to kill him and thinking that he is dead, they fled away
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from there.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Although the petitioner is
named in the FIR but from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act against
him and the injury inflicted upon the injured person is simple in
nature. He further submits that the police after investigation
submitted the charge sheet and the petitioner is in custody since
10.10.2025.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner
participated in the present crime in question.
6. Considering the aforesaid facts and circumstances,
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 A.C.J.M.-
7, Chapra in connection with Mashrakh P.S. Case No. 313 of
2021, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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