Md. Ashraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17926 of 2025 Arising Out of PS. Case No.-498 Year-2023 Thana- BAISI District- Purnia ====================================================== Md. Ashraf Son of Mujaffer Alam Resident of village - Bara Rahua, P.S.- Amour, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baisi P.S. Case No. 498 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code and subsequently Section 302 IPC was added.
3. Prosecution case, in short, is that the accused persons assaulted the informant's husband by weapon and snatched a mobile phone, cash amount, gold locket from him on point of pistol.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.17926 of 2025(2) dt.27-03-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Md. Haider and Md. Jahid who has already been granted bail by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 43655 of 2024. Learned counsel further submitted that similarly situated co-accused person, namely, Babul has already been granted anticipatory bail by this Court vide order dated 07.10.2024 passed in Cr. Misc. No. 60975 of 2024. She further submitted that there is general and omnibus allegation against the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.01.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.17926 of 2025(2) dt.27-03-2025 3/3 below/concerned Court in connection with Baisi P.S. Case No. 498 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T