Patna High Court

Md. RahiversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioners.

Summary

The petitioners, Md. Rahi Son and Md. Jahangir, were arrested in connection with the death of an informant's husband, alleged to have been assaulted with sticks by co-accused including Md. Matiya. The prosecution alleged that the assault, occurring on 14‑08‑2025, led to the victim's death on 18‑08‑2025. The petitioners contended they were innocent, arguing that the FIR specifically named only Md. Matiya for the assault and that the accusations against them were general and omnibus, with no prior criminal record and a short period of custody since 06‑12‑2025. The State opposed bail, but the Court considered the lack of specific evidence, the clean antecedents of the petitioners, and the nature of the charge. Consequently, the Court granted bail to both petitioners on a bond of Rs. 10,000 each with two sureties, directing release upon compliance with the Additional Chief Judicial Magistrate‑III, Katihar.

Issues considered

Whether bail should be granted to the petitioners accused under Sections 103 and 3(5) of the B.N.S. given the general and omnibus nature of the accusation
Whether the petitioners' clean antecedents and short period of custody justify bail

Legislation cited

B.N.S. — s. 103, 3(5)

Subjects

bail
criminal procedure
Sections 103 B.N.S.
Section 3(5) B.N.S.
general and omnibus accusation
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16809 of 2026

                       Arising Out of PS. Case No.-90 Year-2025 Thana- ABADPUR District- Katihar
                 ======================================================
           1.    Md. Rahi Son Md. Matiya @ Abdus Salam @ Abdul Salam Resident of
                 Mathurapur, P.S.-Abadpur, District- Katihar.
           2.    Md. Jahangir@ Jahangir Son of Guljar @ Guljan Resident of Mathurapur,
                 P.S.-Abadpur, District- Katihar.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Pramod Kumar, Advocate
                 For the State           :        Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 103 & 3(5) of the B.N.S..

                                3. The prosecution case, in brief, is that on on

                   14.08.2025, husband of informant went for work near Khadda

                   Dari River, in the meantime, co-accused Md. Matiya and other

                   named accused persons, including these petitioners, abused and

                   assaulted husband of informant with sticks after a dispute over

                   Patwa. Villagers later rescued husband of informant in a
Patna High Court CR. MISC. No.16809 of 2026(2) dt.24-04-2026
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          severely injured condition but due to lack of money, proper

          treatment could not be provided and husband of informant died

          on 18.08.2025.

                       4. It is submitted by learned counsel for the petitioners

          that petitioners are quite innocent and have committed no

          offence. From bare perusal of the F.I.R. it is apparent that

          specific accusation of assault by lathi is against co-accused Md.

          Matiya and there is general and omnibus nature of accusation

          against these petitioners. As per post mortem report, only one

          injury was found on the chest of the deceased. Moreover,

          charge-sheet has already been submitted and petitioners, having

          no criminal antecedents, are in custody since 06.12.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, period of

          custody and clean antecedents of the petitioners, the prayer for

          grant bail of to the petitioners is allowed.

                       7. Accordingly, let the above named petitioners be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) each with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.16809 of 2026(2) dt.24-04-2026
                                                         3/3




                       satisfaction of learned Additional Chief Judicial Magistrate-III,

                       Katihar in connection with Abadpur P.S. Case No. 90 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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