Patna High Court

Md. Lala @ Ashfaq AliversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court held that, in the absence of evidence linking the petitioner to the murder and given his lack of involvement as an assailant, anticipatory bail is warranted.

Summary

The petitioner, Md. Lala (Ashfaq Ali), feared arrest in a murder case (Jagdishpur PS Case No. 115 of 2024) registered under Sections 302 and 34 of the Indian Penal Code. The FIR alleged that four accused killed the informant's husband and that the petitioner had provided a vehicle to the accused for their escape. The petitioner contended that he does not own a vehicle, works as a driver of a commercial vehicle, has no criminal record, and was falsely implicated. The court examined the nature of the allegations and noted that the petitioner was not the assailant. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. 2023 in a case registered under IPC Sections 302 and 34.
Whether the petitioner can be held liable for allegedly providing a vehicle to the accused.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Indian Penal Code — s. 302, 34

Subjects

anticipatory bail
false implication
murder
IPC 302
IPC 34
Section 482
bail bond
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9307 of 2026
                     Arising Out of PS. Case No.-115 Year-2024 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Md. Lala @ Ashfaq Ali S/o- Md. Chand @ Chana Mian @ Chand
                 Mohammad Village- Raja Ke Pokhar PS-Jagdishpur District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Bhaskar Shankar

                 For the Opposite Party/s :       Mr.Parmanand Kumar

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   26-02-2026         1. Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                       2. The petitioner apprehends his arrest in connection with

                   Jagdishpur P.S. Case No. 115 of 2024 dated 05.04.2024

                   registered under Sections 302 / 34 of the I.P.C.

                       3. As per the F.I.R. on 04.04.2024 the husband of the

                   informant was sitting at the door of his house and saw that four

                   accused persons, named in the FIR, were abusing her neighbour.

                   When the informant’s husband intervened and objected, all the

                   accused persons caught hold the informant’s husband and one of

                   them Bhukuri Mian took out knife from his pocket and slit the

                   neck of the informant’s husband due to which he died. It has
Patna High Court CR. MISC. No.9307 of 2026(2) dt.26-02-2026
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          further been alleged that after the occurrence the petitioner took

          away Bhukri Mian and Irshad on his Scorpio vehicle.

              4. Learned counsel for the petitioner submits that petitioner

          has falsely been implicated in this case and he has not

          committed any offence in the manner alleged. In the F.I.R. it has

          been said that subsequently the informant came to know that

          petitioner provided vehicle to the accused persons involved in

          the crime through which they fled from the place of occurrence.

          Petitioner does not own any vehicle and he is the driver of a

          commercial vehicle. He is having no criminal antecedent and no

          overt act has been alleged against him.

              5. Regard being had to the submission made by the parties,

          taking into consideration the nature of allegation against the

          petitioner and the fact that he is not the assailant, accordingly, I

          am inclined to grant anticipatory bail to the petitioner.

              6. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned A.C.J.M.-I, Bhojpur at Ara in connection with

          Jagdishpur P.S. Case No. 115 / 2024 subject to the condition as
               Patna High Court CR. MISC. No.9307 of 2026(2) dt.26-02-2026
                                                           3/3




                         laid down under Section 482(2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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