Kaiyum @ Qaiyum Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73710 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- PALASI District- Araria ====================================================== Kaiyum @ Qaiyum Alam S/o Naiyar Resident of village - Harwa, P.S - Palasi, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP For the Informant :
Mrs. Ranjana Singh, Advocate Mrs. Rabiya Gulnaz, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Palasi P.S. Case No. 268 of 2025, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 303(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023. Subsequently, Section 103 of the Bharatiya Nyaya Sanhita, 2023 was added.
3. The prosecution case, in short, is that on 07.07.2025 at about 07:00 PM, while the informant and his family were returning from a Muharram fair, the accused persons attacked them with deadly weapons. Several family
Patna High Court CR. MISC. No.73710 of 2025(2) dt.17-10-2025 2/3 members, including the informant, his cousin and mother sustained serious injuries. The assailants also snatched a necklace from the informant's wife and threatened to kill the family.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. It is next submitted that specific allegation of assault to the deceased is attributed against co-accused, namely, Masibul. The petitioner is in custody since 22.07.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 07.10.2025 passed in Cr. Misc. No. 69081 of 2025.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody
Patna High Court CR. MISC. No.73710 of 2025(2) dt.17-10-2025 3/3 undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palasi P.S. Case No. 268 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T