Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36392 of 2025 Arising Out of PS. Case No.-18 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== 1.

Md. Aslam S/o- Md. Shaukat Ali @ Shaukat Ali Village- Pokhara, W.No- 13 P.S. Patepur, District-Vaishali 2.

Md. Hajrat S/o- Ruddi Miyan Village- Pokhara, W.No- 13 P.S. Patepur, District-Vaishali 3.

Anvari Khatoon W/o- Md. Shaukat Ali @ Shaukt Ali Village- Pokhara, W.No- 13 P.S. Patepur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. As per prosecution case, informant suspects that all the F.I.R. named accused persons including these petitioners committed murder of the son of informant. Son of the informant and daughter of co-accused Shaukat Ali and petitioner no. 3, namely, Musharrt Khatoon were having love affair for which Patepur P. S. Case No. 01 of 2024 was also registered.

Patna High Court CR. MISC. No.36392 of 2025(2) dt.25-07-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. There is no eye witness of the alleged occurrence. He further submits that petitioners are simply victims of over implication and present case has been lodged in retaliation to Patepur P. S. Case No. 01 of 2024 which was lodged by co-accused Saukat Ali against informant and others. It is further submitted that similarly situated co-accused, namely, Md. Nausad has already been granted anticipatory bail by this Hon'ble Court vide order dated 27.02.2025 passed in Cr. Misc. No. 13495 of 2025. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P. S. Case No. 18 of 2024, subject to condition as laid down under Section 482(2)

Patna High Court CR. MISC. No.36392 of 2025(2) dt.25-07-2025 3/3 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T