Md. Aslam Ali @ Md. Aslam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42108 of 2025 Arising Out of PS. Case No.-516 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Md. Aslam Ali @ Md. Aslam Son of Khairati Miyaan Resident of villageSirisiya Mal, Ward no.- 2, PS- Nakardei, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P. N. Shahi, Sr. Advocate Mr. Shivam, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2026 Heard learned senior counsel for the petitioner and learned APP for the State.
2. This application for grant of regular bail arises out of Turkauliya (Banjariya) P.S. Case No. 516 of 2022 registered for the offence punishable under Sections 302, 120 (B)/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, the deceased was killed by unknown persons. Two similarly situated accused persons were put on trial and they have been acquitted.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There is no direct material against the petitioner. Subsequently, the petitioner is not named in the FIR and he has been made accused in this case merely on the basis of suspicion. Similarly situated co-accused person has already been granted regular by
Patna High Court CR. MISC. No.42108 of 2025(6) dt.05-05-2026 2/2 this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 45830 of 2023. He is in custody since 13.02.2025.
5. Learned APP for the State has opposed the prayer for bail.
6. Considering the aforesaid facts, this application is allowed.
7. 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 the learned Chief Judicial Magistrate, East Champaran, Motihari /Successor Court, in connection with Turkauliya (Banjariya) P.S. Case No. 516 of 2022.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Ranjeet/- U T