Arshad @ Arshad Alam @ Kaluwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21679 of 2025 Arising Out of PS. Case No.-427 Year-2023 Thana- BAISI District- Purnia ====================================================== Arshad @ Arshad Alam @ Kaluwa Son of Faruk @ Farooque Resident of Village - Pokhariya, P.S.- Baisi, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Bijendra Kr. Singh, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Baisi P. S. Case No. 427/2023 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. As per prosecution case, on 22.10.2023, some unknown persons called the son of informant and at about 6:30 PM, he left the house and did not return. During course of search, informant came to know that some scuffle took place between his son and others and later on, his dead body was found lying near the bridge. Informant suspects that this petitioner along with other accused persons committed murder
Patna High Court CR. MISC. No.21679 of 2025(2) dt.16-05-2025 2/3 of his son.
4. Learned counsel for the petitioner submits that informant is not an eye witness of the occurrence and petitioner has been made accused in this case merely on suspicion. During course of investigation, none of the witnesses have claimed to have seen this petitioner committing the alleged offence and the only material that has come against the petitioner is that he, along with other accused persons, threatened the son of informant one day prior to the alleged occurrence. It is further submitted that similarly situated co-accused, namely, Md. Dilawar Hussain @ Dilwar @ Dilawar has already been granted regular bail by this Hon'ble Court vide order dated 04.04.2025 passed in Cr. Misc. No. 10859 of 2025. Petitioner is in custody since 22.12.2024.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Baisi P. S. Case
Patna High Court CR. MISC. No.21679 of 2025(2) dt.16-05-2025 3/3 No. 427 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T