Hasarat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1360 of 2025 Arising Out of PS. Case No.-93 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Hasarat Ali Son of Ajaj Khan Village- Bhuala, P.S.- Uchakagaon, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Uchkagaon P.S. Case No. 93 of 2024, instituted for the offences punishable under Sections 447, 341, 323, 436, 354, 427 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons set the house of the informant on fire destroying all belongings including goats, ornaments and grains. It is further alleged that the petitioner and co-accused Mannan attempted to strangle and outrage her modesty.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1360 of 2025(3) dt.08-04-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this 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. Specific allegation of setting fire is against co-accused, namely, Ajay Khan. It is further submitted that the petitioner along with other co-accused persons have been implicated in this case only with a purpose to grab their land. The petitioner is in custody since 07.08.2024 and has got two criminal antecedents in which he is on bail.

5. Learned APP for the State has 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 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Uchkagaon P.S. Case No. 93 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.1360 of 2025(3) dt.08-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T