Patna High Court

Md. Kosher @ Md. KausharversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Kosher, sought regular bail in a case registered under Sections 191(2), 191(3) and 103(1) of the BNS, alleging that he and 15 others assaulted the brother of an informant with a stick and brick, leading to the victim's death en route to a hospital. The prosecution argued that the assault caused fatal injuries, while the petitioner’s counsel contended that the allegations were general, the injuries were superficial, and the cause of death was haemorrhage and shock. The petitioner had been in judicial custody since 12 September 2025. After hearing both sides, the court found the allegations insufficiently specific and the injuries not indicative of a grave offence, and therefore ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was granted subject to satisfaction of the Chief Judicial Magistrate, Khagaria.

Issues considered

Whether the petitioner is entitled to regular bail despite charges of assault causing death under Sections 191(2), 191(3) and 103(1) of the BNS
Whether the allegations against the petitioner are sufficiently specific to deny bail
Whether the nature of the injuries sustained by the deceased justifies denial of bail

Legislation cited

BNS — s. 103(1), 191(2), 191(3)

Subjects

bail
assault
death
Sections 191
Section 103
judicial custody
general allegations
superficial injuries

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12260 of 2026
                       Arising Out of PS. Case No.-234 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Md. Kosher @ Md. Kaushar S/O Md. Taiyab Village - Chhoti Malia, P.S.-
                 Gogri, District- Khagaria
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar Patna
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amit Prakash
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 191(2),

                   191(3) & 103(1) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with 15 others assaulted the brother of the

                   informant with khanti & brick and fled away. The injured was

                   brought to referral hospital from where he was referred to

                   Begusarai and he died on the way to Begusarai.

                                4. Learned counsel for the petitioner submits that in

                   this case altogether there are 16 accused persons including the

                   petitioner. Learned counsel for the petitioner has further

                   submitted that the allegation levelled against the petitioner are

                   general and omnibus and from perusal of the post-mortem

                   report it also transpires that the deceased has received bruise and

                   abrasion which are four in number and the Doctor conducting
          Patna High Court CR. MISC. No.12260 of 2026(3) dt.27-04-2026
                                                      2/2




                    the autopsy of the deceased has opined that cause of death is

                    haemorrhage and shock leading to Cardio Respiratory Failure

                    (CRF). Learned counsel for the petitioner has submitted that

                    from perusal of the ante-mortem injuries it appears that all the

                    injuries are superficial in nature and moreover the allegation is

                    general and omnibus. Learned counsel for the petitioner has

                    submitted that the petitioner is in judicial custody since

                    12.09.2025.

                                 5. Learned APP for the State has vehemently opposed

                    the bail.

                                 6. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this court is

                    inclined to enlarge the petitioner on bail. The above named

                    petitioner is directed to be released on bail in connection with

                    Gogri P.S. Case No. 234 of 2025 on furnishing bail bond of

                    Rs.10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned Chief Judicial Magistrate,

                    Khagaria/concerned Court below.


                                                            (Sandeep Kumar, J)
Vikas/-
U

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