Kausar Alam @ Mithai Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73605 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- DARPA District- East Champaran ====================================================== Kausar Alam @ Mithai Lal S/O Md. Nasim R/O Mohalla-Nakchhed Tola, P.S- Motihari Town, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore @ Kundan Kumar , Advocate For the Opposite Party/s :
Mr. Asha Devi , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 201, 120B of the Indian Penal Code.
3. As per the prosecution case, informant suspects that all the FIR named accused persons have committed murder of his father.
4. Learned counsel appearing for the petitioner submits that it is a case of circumstantial evidence. Petitioner is not named in the FIR and only material that has come against the petitioner during investigation is that a diary with chit of paper had been recovered from the pocket of the deceased in which name of petitioner along with other persons had been written. Moreover, there is no other direct or indirect evidence
Patna High Court CR. MISC. No.73605 of 2025(2) dt.18-12-2025 2/2 against the petitioner to show his complicity in the occurrence . Petitioner claims clean antecedent. Similarly situated coaccused person has already been granted bail by this Hon'ble Court vide order dated 19.08.2025 in Cr. Misc. No. 27352 of 2025 .
5 . Learned APP for the State opposed the bail.
6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate , Motihari, East Champaran in Darpa Police Station Case No. 05/2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T