Patna High Court

Md. TaiyabversusThe State of Bihar

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Taiyab, sought regular bail in a case registered under Sections 191(2), 191(3) and 103(1) of the Indian Penal Code for allegedly assaulting the brother of an informant with a khanti and brick, leading to the victim's death en route to hospital. The prosecution alleged that the assault caused fatal injuries, while the defence argued that the allegations were general and omnibus and that the post‑mortem showed only superficial injuries. The petitioner had been in judicial custody since 12 September 2025. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the court found the allegations insufficiently specific and the injuries not indicative of a lethal assault, and therefore ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged with assault causing death.
Whether the allegations against the petitioner are sufficiently specific to deny bail.
Whether the nature of the injuries (superficial) justifies granting bail.
Impact of the petitioner’s period of judicial custody on the bail decision.

Legislation cited

Indian Penal Code — s. 103(1), 191(2), 191(3)

Subjects

regular bail
assault
homicide
general and omnibus allegations
judicial custody
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16524 of 2026
                       Arising Out of PS. Case No.-234 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Md. Taiyab Son of Late Md. Siraj Resident of Village- Chhoti Maliya, P.S.-
                 Gogri, District-Khagaria                                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Prakash, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                  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 threenut and fled away. The

                   injured was brought to referral hospital from where he was

                   referred to Begusarai and he died in course of going 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
            Patna High Court CR. MISC. No.16524 of 2026(2) dt.16-03-2026
                                                        2/2




                      abrasion which are four in number and the Doctor conducting

                      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.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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