Ashraf Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23389 of 2026 Arising Out of PS. Case No.-318 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Ashraf Alam S/O Akhtar Ali R/O Village- Bada Bodha, P.S.- Sugauli, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate Ms. Eashita Raj, Advocate Ms. Ginni Priya, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case no. 318 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, four accused persons on two motorcycles are said to have looted the informant who worked at the petrol pump of Rs.40,000/- in cash on the point of firearm.

4. It is submitted by the learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned trial Court rejecting the application for bail of

Patna High Court CR. MISC. No.23389 of 2026(2) dt.08-04-2026 2/3 the petitioner, it is submitted that the name of the petitioner transpired in the confessional statement of a co-accused made before police in one another case wherein the co-accused is stated to have said that after having committed the loot, they distributed the loot amongst themselves including the petitioner. No incriminating article has been recovered from the petitioner's possession and the petitioner is in custody since 28.6.2025. The cause of false implication of the petitioner is his antecedents. It is finally submitted that co-accused Pritam Paswan has been enlarged on bail vide order dated 12.2.2025 passed in Cr. Misc. no.4843 of 2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation as evident from the order of the learned trial Court rejecting the application for bail of the petitioner, no incriminating article having been recovered from the petitioner's possession and the petitioner having remained in custody for nine months since 28.6.2025, the Court directs the petitioner to be enlarged on bail in connection with Chiraiya P.S. Case no. 318 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.23389 of 2026(2) dt.08-04-2026 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari.

(Partha Sarthy, J) sauravkrsinha/- U T