Asif Alam @ Asif Reza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15473 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- BAHADURGANJ District- Kishanganj ====================================================== Asif Alam @ Asif Reza S/O Kamar Uddin Resident of Village- Dulali, PostBangama, P.S.- Bahadurganj, Dist.- Kishanganj, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bambam Kumar, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-07-2025 Heard Mr. Bambam Kumar, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bahadurganj P.S. Case No. 294/2024 registered for the offence(s) punishable under Sections 308(5)/351(2)(3)(5) of the BNS.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioner has demanded a ransom of rupees four lacs from the informant and thereafter the informant transferred Rs.20,000/- in account of one co-accused Md. Tarik Anwar.

4. Learned counsel appearing on behalf of the petitioner submitted that general and omnibus allegation has

Patna High Court CR. MISC. No.15473 of 2025(4) dt.23-07-2025 2/3 been levelled against the petitioner. He further submitted that from very perusal of the FIR, it appears that ransom of Rs.20,000/- was deposited in the account of one co-accused Md. Tarik Anwar and in absence of any direct allegation against the petitioner of having received any ransom amount from the informant, the petitioner deserves to be released on pre-arrest bail

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties and having perused the allegation made in the FIR, it appears that Rs.20,000/- was transferred in the account of co-accused Tarik Anwar and no amount has been transferred or handed over by the informant to the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his 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 Chief Judicial Magistrate, Kishanganj/

Patna High Court CR. MISC. No.15473 of 2025(4) dt.23-07-2025 3/3 Concerned Court in connection with Bahadurganj P.S. Case No. 294/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T