Patna High Court
Hafiz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120B, 201, 302
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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