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Patna High Court

Dilkash RahiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted to the petitioners at this stage.

Summary

The petitioners, Dilkash Rahi and MD Wasim, were arrested in connection with a murder case (PS Tedhagachh Case No. 145/2025) alleged under Sections 103(1), 238(a) and 3(5) of the B.N.S. They applied for regular bail, claiming they were falsely implicated, have no prior criminal record, and are willing to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed bail, asserting that the investigation showed the petitioners deliberately stabbed the deceased due to prior enmity. The Court examined the seriousness of the offence, the evidence presented, and the risk of interference with the investigation, and concluded that bail could not be granted at this stage. Consequently, the bail application was dismissed, though the petitioners were permitted to file a fresh bail application if the trial is unduly delayed by the prosecution.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Sections 103(1), 238(a) and 3(5) of the B.N.S. considering the seriousness of the offence and the evidence of prior enmity.

Legislation cited

  • B.N.S. — s. 103(1), 238(a), 3(5)

Subjects

  • bail
  • murder
  • criminal procedure
  • Sections 103, 238, 3
  • Bihar
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26008 of 2026
                  Arising Out of PS. Case No.-145 Year-2025 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
           1.     Dilkash Rahi S/O Alaudin Resident of village- Sundarbari, P.S.-
                  Kochadhaman, District - Kishanganj
           2.    MD. Wasim S/O Rakibuddin Resident of village- Jhala, P.S.- Tedhagachh,
                 District - Kishanganj

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar, Advocate
                 For the Opposite Party/s :      Ms.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                        Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with

                   Tedhagacha P.S. Case No. 145/2025 registered for the offences

                   punishable under Sections 103(1), 238(a)/ 3(5) of B.N.S.

                                3. As per the prosecution case, unknown criminals

                   had killed the deceased by stabbing her.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in the case. Learned

                   counsel further submits that they have no criminal antecedent

                   and petitioner no. 1 is in custody since 31.07.2025 and

                   petitioner no. 2 is in custody since 08.08.2025 and charges have
              Patna High Court CR. MISC. No.26008 of 2026(2) dt.20-04-2026
                                                          2/2




                        been framed. The petitioners undertake to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioners on the ground that during

                        investigation, it has come that both the petitioners killed the

                        deceased by stabbing her due to previous enmity.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed with

                        liberty to the petitioners to renew their prayer for bail if the trial

                        is delayed by the prosecution.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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