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2026 DAILYLAW 43482 (PAT)

Md. Ashfaque Alam @ Ashfaque Alam v. The State of Bihar

CR. MISC./88430/2025 · 2026-01-15

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88430 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- RUPAULI District- Purnia ====================================================== 1. Md. Ashfaque Alam @ Ashfaque Alam S/o Md. Waris Resident of Laxmipur, P.S.- Barari, District- Katihar 2. Md. Garib Parwez @ Md. Parwez S/o- Md. Waris Resident of Laxmipur, P.S.- Barari, District- Katihar 3. Md. Waris @ Waris Ali S/o- Banmari Miya Resident of Laxmipur, P.S.- Barari, District- Katihar 4. Shamshad Begum W/o- Md. Munsab Baitha R/o- Chapahri, Ward No. 5, P.S.- Rupuali, District- Purnea 5. Ajmeri Khatoon @ Ajmira W/o- Late Md. Sajid Baitha R/o- Chapahri, Ward No. 5, P.S.- Rupuali, District- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv. Mr. Bidhu Ranjan Mr. Kumar Rajdeep. For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Rupauli P.S. Case No. 135 of 2025 registered for the offence under Section 108, 3(5) of the BNS. 3. As per the prosecution case, the petitioner nos. 1 to 3 are the in-laws of the deceased, petitioner no. 4 is the villager and petitioner no. 5 is the wife of the deceased and they are said to have killed the deceased. Patna High Court CR. MISC. No.88430 of 2025(2) dt.15-01-2026 2/2 4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. He further submits that upon perusal of the FIR itself, it appears that the deceased has committed suicide. 5. Considering the aforesaid facts, this application is allowed. 6. Let the petitioners, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea/concerned Court below in connection with Rupauli P.S. Case No. 135 of 2025/ CIS No. 1459 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS. Vikas/- (Sandeep Kumar, J) U