Patna High Court
Hashnain Rayeen @ Md. Hashnain Rayeen @ Md. Hasnain RainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that petitioners 5 and 6 are not entitled to anticipatory bail due to their alleged role in the homicide, while petitioners 1‑4, 7 and 8 may be granted anticipatory bail subject to conditions under Section 438(2) CrPC.
Summary
The petitioners, members of the Rayeen family, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with FIR No. 311 of 2025 alleging assault and homicide. The prosecution alleged that petitioners No.5 (Mustafa Rayeen) and No.6 (Md. Mokhtar Rayeen) struck the deceased, causing his death, while the remaining petitioners were alleged only peripherally. The court examined the allegations and found that petitioners 5 and 6 were directly implicated in the homicide and therefore denied them anticipatory bail. The court noted that petitioners 1‑4, 7 and 8 had no criminal antecedent and the main role was attributed to the denied petitioners, so it granted them anticipatory bail with strict conditions. The bail order required a cash bond of Rs.10,000 with two sureties, compliance with Section 438(2) CrPC, and conditions prohibiting witness tampering, non‑appearance, and further offences.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC.
- Whether the allegations against petitioners No.5 and No.6 justify denial of anticipatory bail.
- Whether the remaining petitioners, lacking criminal antecedent, merit anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 105, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC sections
- family members
- assault
- homicide
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12970 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
1. Hashnain Rayeen @ Md. Hashnain Rayeen @ Md. Hasnain Rain S/O Md.
Jahagir Rain@Lalu Rain@Jahagir Rayeen@Md. Jahagir
Rayeen@Mohammad Jahagir Rayeen R/O Ward N. 3, Nagar Panchayat
Sursand, P.S- Sursand, Distt.- Sitamarhi.
2. Mostikam @ Md. Mostikeem Rayeen @ Md. Mustakim Rain @ Md.
Mostakim Rain @ Mostikim Rain S/O Mohammad Islam Rain @ Islam
Rain R/O Ward N. 3, Nagar Panchayat Sursand, P.S- Sursand, Distt.-
Sitamarhi.
3. Saimun Khatoon @ Saimun Khatoon W/O Md. Gulam Mustafa @ Mustafa
Rayeen @ Md. Gulam Mustafa R/O Ward N. 3, Nagar Panchayat Sursand,
P.S- Sursand, Distt.- Sitamarhi.
4. Jahangir Rayeen@Md. Jahangir Rayeen @ Mohammad Jahangir
Rayeen@LaluRain@Md. Jahagir Rain@JahagirRain S/O Md. Islam Rain @
Mohammad Islam Rain @ Late Islam Rain R/O Ward N. 3, Nagar Panchayat
Sursand, P.S- Sursand, Distt.- Sitamarhi.
5. Mustafa Rayeen @ Md. Gulam Mustafa @ Md. Gulam Mustufa S/O Md.
Islam Rain @ Mohammad Islam Rain @ Late Islam Rain R/O Ward N. 3,
Nagar Panchayat Sursand, P.S- Sursand, Distt.- Sitamarhi.
6. Md. Mokhtar Rayeen @ Mokhtar Rayeen @ Mokhatar Rain S/O Jahangir
Rain @ Lalu Rain @ Md. Jahagir Rain @ Jahagir Rayeen @ Md. Jahagir
Rayeen R/O Ward N. 3, Nagar Panchayat Sursand, P.S- Sursand, Distt.-
Sitamarhi.
7. Nabood Khatoon @ Mahmooda Khatoon @ Mahmuda Khatun W/O Md.
Jahangir Rain @ Lalu Rain @ Md. Jahagir Rain @ Jahagir Rayeen @ Md.
Jahagir Rayeen R/O Ward N. 3, Nagar Panchayat Sursand, P.S- Sursand,
Distt.- Sitamarhi.
8. Jamatun Khatoon @ Jamaitun Khatoon W/O Md. Mostakim
Rain@Mostikam@Md. Mostikeem Rayeen @ Md.
[email protected]@MostkimRain R/O Ward N. 3, Nagar
Panchayat Sursand, P.S- Sursand, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhubala Verma, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Patna High Court CR. MISC. No.12970 of 2026(3) dt.29-04-2026
2/4
3 29-04-2026 Heard Mrs. Madhubala Verma, learned Counsel for the
petitioners, Mr. Sanjay Kumar Singh for the State as also Mr.
Santosh Kumar representing the informant.
2. The petitioners apprehend their arrest in connection
with Sursand P.S. Case No. 311 of 2025 for the offence registered
under sections 126(2), 115(2), 105, 74, 303(2), 352, 351(2), 3(5).
3. As per the prosecution story, the informant alleged
that the accused persons were assaulting her grandson and when
her husband came to her rescue, he was also assaulted by all the
accused persons. The main allegation is against petitioner no. 5
and 6 namely Mustafa Rayeen and Md. Mokhtar Rayeen that they
hit her husband on the chest as a result whereof, he fell down on
the ground and died. This led to the FIR.
4. Learned Counsel for the petitioners submit that a
perusal of the FIR would show that each and every family
members have been roped in, which included Mustafa Rayeen and
Md. Mokhtar Rayeen. It was a natural fall which led to the death.
5. Learned counsel for the informant on the other hand
submits that a perusal of the FIR would show that it was Mustafa
Rayeen and Md. Mokhtar Rayeen who hit the deceased, as a result
whereof, he fell down and died.
6. Taking into account the submissions of the parties, so
far as the anticipatory bail application of petitioner nos. 5 and 6,
Patna High Court CR. MISC. No.12970 of 2026(3) dt.29-04-2026
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namely, Mustafa Rayeen and Md. Mokhtar Rayeen are concerned,
it stands rejected.
7. So far as petitioner nos. 1 to 4, 7 and 8, namely,
Hashnain Rayeen, Mostikam, Saimun Khatoon, Jahangir, Nabood
Khatoon and Jamatun Khatoon are concerned, they do not have
criminal antecedent, omnibus allegation is there, main role has
been attributed to Mustafa Rayeen and Md. Mokhtar Rayeen, in
that background, this Court is inclined to grant them the
anticipatory bail with conditions.
8. Let the petitioners in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi in
connection with Sursand P.S. Case No. 311 of 2025 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 1 to 4, 7 and 8, namely,
Hashnain Rayeen, Mostikam, Saimun Khatoon, Jahangir, Nabood
Khatoon and Jamatun Khatoon, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner nos. 1 to 4, 7 and 8, namely, Hashnain
Patna High Court CR. MISC. No.12970 of 2026(3) dt.29-04-2026
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Rayeen, Mostikam, Saimun Khatoon, Jahangir, Nabood Khatoon
and Jamatun Khatoon shall appear on each and every date before
the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond
by the Trial court itself;
(iii) the petitioner nos. 1 to 4, 7 and 8, namely, Hashnain
Rayeen, Mostikam, Saimun Khatoon, Jahangir, Nabood Khatoon
and Jamatun Khatoon shall in no way try to induce or promise or
threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(iv) the petitioner nos. 1 to 4, 7 and 8, namely, Hashnain
Rayeen, Mostikam, Saimun Khatoon, Jahangir, Nabood Khatoon
and Jamatun Khatoon shall desist from committing any criminal
offence again failing which the State shall be at liberty to take
steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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