Patna High Court
Md. Ashfaque Alam @ Ashfaque AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court ordered that bail be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, five individuals related to a deceased person, feared arrest in a case (Rupauli P.S. Case No. 135 of 2025) alleging they killed the deceased under Sections 108 and 3(5) of the BNSS. The prosecution’s case described the petitioners as the in‑laws and villagers who allegedly murdered the victim. The petitioners contended they were falsely implicated and argued that the FIR indicated the deceased had committed suicide. They filed an application for bail, asserting their innocence. The High Court, after hearing counsel, accepted the claim of possible suicide and granted bail subject to a bond of Rs 10,000, two sureties, and the conditions of Section 438(2) CrPC and Section 482 BNSS.
Issues considered
- Whether bail should be granted to the petitioners pending trial in a murder‑related case under Sections 108 and 3(5) of the BNSS.
- Whether the claim of suicide reflected in the FIR creates reasonable doubt justifying bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- presumption of innocence
- suicide
- criminal procedure
- Section 438 CrPC
- Section 482 BNSS
- murder allegation
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88430 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- RUPAULI District- Purnia
======================================================
1. Md. Ashfaque Alam @ Ashfaque Alam S/o Md. Waris Resident of
Laxmipur, P.S.- Barari, District- Katihar
2. Md. Garib Parwez @ Md. Parwez S/o- Md. Waris Resident of Laxmipur,
P.S.- Barari, District- Katihar
3. Md. Waris @ Waris Ali S/o- Banmari Miya Resident of Laxmipur, P.S.-
Barari, District- Katihar
4. Shamshad Begum W/o- Md. Munsab Baitha R/o- Chapahri, Ward No. 5,
P.S.- Rupuali, District- Purnea
5. Ajmeri Khatoon @ Ajmira W/o- Late Md. Sajid Baitha R/o- Chapahri, Ward
No. 5, P.S.- Rupuali, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.
Mr. Bidhu Ranjan
Mr. Kumar Rajdeep.
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Rupauli P.S. Case No. 135 of 2025 registered
for the offence under Section 108, 3(5) of the BNS.
3. As per the prosecution case, the petitioner nos. 1
to 3 are the in-laws of the deceased, petitioner no. 4 is the
villager and petitioner no. 5 is the wife of the deceased and they
are said to have killed the deceased.
Patna High Court CR. MISC. No.88430 of 2025(2) dt.15-01-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
upon perusal of the FIR itself, it appears that the deceased has
committed suicide.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 CJM,
Purnea/concerned Court below in connection with Rupauli P.S.
Case No. 135 of 2025/ CIS No. 1459 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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