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Patna High Court

Hafiz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner under Section 438(2) of the CrPC.

Summary

The petitioner, Hafiz Alam, sought bail in a murder case where he was alleged to be involved under sections 302, 201 and 120B of the IPC. The prosecution’s case was based solely on circumstantial evidence and an informant’s suspicion that the accused killed his father. The petitioner argued that there was no direct or indirect evidence linking him to the crime and highlighted his clean antecedents. The State opposed bail, but the court noted that a co‑accused had already been granted bail and that the evidence against the petitioner was insufficient for continued detention. Accordingly, the court granted bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the CrPC, with the condition of surrender within eight weeks.

Issues considered

  • Whether bail should be granted to the petitioner under Section 438(2) of the CrPC in a case based on circumstantial evidence.
  • Whether the absence of direct evidence justifies the release of the accused pending trial.

Legislation cited

Subjects

  • bail
  • circumstantial evidence
  • murder
  • IPC sections 302, 201, 120B
  • CrPC Section 438

Judgment

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88803 of 2025
                     Arising Out of PS. Case No.-5 Year-2024 Thana- DARPA District- East Champaran
                 ======================================================
                 Hafiz Alam S/o Jamadar Miyan R/o Village- Dhabdhabwa,P.S.- Adapur, Dist.-
                 East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar Ii, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                      Heard learned counsel for the petitioner and the

                   State .

                                2. The petitioner apprehends arrest in a case registered

                   for the offence punishable under sections 302, 201, 120B of the

                   Indian Penal Code .

                                3 . As per the prosecution case , informant suspects

                   that all the FIR named accused persons have committed murder

                   of his father.

                                4. Learned counsel appearing for the petitioner

                   submits that it is a case of circumstantial evidence . Petitioner is

                   innocent and has committed no offence as alleged. During

                   course of investigation , there is no direct or indirect evidence

                   against this petitioner to show their complicity in the alleged

                   occurrence . Petitioner claims clean antecedent. Similarly
            Patna High Court CR. MISC. No.88803 of 2025(2) dt.10-02-2026
                                                        2/2




                      situated co-accused person has already been granted bail by this

                      Hon’ble Court vide order dated 19.08.2025 in Cr. Misc. No.

                      27352 of 2025 .

                                   5 . Learned APP for the State opposed the bail.

                                   6. Considering the aforesaid facts of the case, prayer

                      for bail of the petitioner is allowed. In the event of

                      arrest/surrender within eight weeks from today, let the

                      petitioners, mentioned above, 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 Chief Judicial

                      Magistrate , Motihari, East Champaran in Darpa Police Station

                      Case No. 05/2024 , subject to the conditions laid down under

                      section 438(2) of the Code of Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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