Afshar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36560 of 2026 Arising Out of PS. Case No.-100 Year-2026 Thana- UCHKAGAON District- Gopalganj ====================================================== Afshar Ali S/o Abdul Rahim R/o Village - Dahibhatta, P.S - Uchkagaon, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-06-2026 Heard Mr.Umesh Kumar Singh, learned counsel for the petitioner and Mr.Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 19.03.2026 in connection with Uchkagaon P.S. Case No. 100 of 2026, PTN No.1099 of 2026, F.I.R. dated 25.02.2026 registered for the offence punishable under Sections 309(4) of BNS.

3. The FIR of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. Initially, the petitioner was not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of secret information (Spy) and except the aforesaid, no other material has come

Patna High Court CR. MISC. No.36560 of 2026(2) dt.15-06-2026 2/3 during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 19.03.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent, initially the petitioner was not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of secret information (Spy), let the petitioner, above named, 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 Additional Chief Judicial Magistrate-I, Gopalganj in connection with Uchkagaon P.S. Case No. 100 of 2026, PTN No.1099 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.36560 of 2026(2) dt.15-06-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T