Md. Ashif Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31110 of 2026 Arising Out of PS. Case No.-1014 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Md. Ashif Mustafa S/o Md. Jubair Alam @ Zubair Alam R/o Village - Maksudpura S.D.O Road, Ward no.- 12 , P.S - Nagar (Town) Hajipur , District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Vaishali Nagar P. S. Case No. 1014 of 2023 registered for the offences punishable under Sections 307/34 of the Indian Penal Code to which Section 302 IPC and Section 27 of the Arms Act were added later on.

3. As per prosecution case, this petitioner along with other accused persons entered the house of informant and coaccused Nilesh Kumar fired upon the husband of informant as a result of which, he died during course of treatment.

4. Learned counsel for the petitioner submits that petitioner is only alleged to be present at the place of

Patna High Court CR. MISC. No.31110 of 2026(2) dt.14-05-2026 2/2 occurrence. Specific accusation of firing is against co-accused Nilesh Kumar and there is no allegation of any specific overt act against petitioner. Petitioner claims clean antecedent and is in custody since 19.08.2025.

5. However, learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, clean antecedent and period of custody, this bail application is allowed. The petitioner, above named, is directed to 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali Nagar P. S. Case No. 1014 of 2023. (Prabhat Kumar Singh, J) Navya/- U T