Murad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91244 of 2025 Arising Out of PS. Case No.-365 Year-2025 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Murad Ali S/o Narain Miyan @ Nurain Miyan @ Narain, Resident of VillageBhojpurwan, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Gopalganj P.S. Case No. 365 of 2025 dated 15.05.2025, registered for the offences punishable under Sections 61(2) and 109 of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, two miscreants with the intention of causing death of the informant, fired upon him. The informant showed his suspicion that his own brother, i.e. co-accused Shamshuz Zoha might be involved in the alleged occurrence. The name of the petitioner transpired during investigation for being involved in the said occurrence.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.91244 of 2025(3) dt.24-02-2026 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. No occurrence in the manner as alleged has ever taken place. The petitioner is not named in the FIR and there is no specific allegation that he fired upon the informant. The name of the petitioner has been dragged in this case on the basis of confessional statement of co-accused Rajik Hasan, but the said confessional statement has no evidentiary value and except for the said confessional statement, there is no incriminating material against the petitioner. Now, the parties have compromised the matter between them and a copy of compromise petition has been annexed as Annexure- P/3. Learned counsel next submits that petitioner is having antecedent of one case and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 01.07.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of chargesheet and period of custody of the petitioner, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.91244 of 2025(3) dt.24-02-2026 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II, Gopalganj / concerned Court, in connection with Gopalganj P.S. Case No. 365 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T