Regular bail application by an accused in an extortion-cum-murder FIR who was unnamed in the FIR and implicated via a co-accused's confessional statement. Court noted parity with co-accused granted bail and custody since October 2024, and allowed bail with conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20732 of 2025
Arising Out of PS. Case No.-515 Year-2018 Thana- CHANPATIA District- West Champaran
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Ashraf Sai @ Ambuj Sai @ Ashraf Saina Ambuj S/o Mahmood Sai Resident of Village- Bishambharpur, Ward No. 05, P.S.- Majhaulia, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate For the State : Mr. Jai Narain Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 08-08-2025
Heard Mr. Sharad Kumar Verma, learned counsel for
the petitioner and Mr. Jai Narain Thakur, learned APP for the State.
Patna High Court CR. MISC. No.20732 of 2025(5) dt.08-08-2025 2/4
and started abusing them, saying that the father of the informant refused to pay extortion money. Accused Diwakar Pathak and Navin Pathak gave order to kill the father of the informant and started puling his father. It is further alleged that accused Vinay Pathak opened fire on the father of the informant and fled away.
Patna High Court CR. MISC. No.20732 of 2025(5) dt.08-08-2025 3/4
25.01.2022 passed in Cr. Misc. No. 25812 of 2021 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 01.10.2024.
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.20732 of 2025(5) dt.08-08-2025 4/4
properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
1 issue framed by the court
Whether the petitioner, not named in the FIR and implicated only on a co-accused's confessional statement, should be granted bail in a murder case where similarly situated co-accused were already rele
10 provisions across 2 enactments
Ashraf Sai @ Ambuj Sai @ Ashraf Saina Ambuj
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
