Patna High Court
Md. Matiur RahmanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was denied as the court found the allegations against the petitioner credible and the injury grievous.
Summary
Md. Matiur Rahman was arrested in connection with a case alleging that he, along with others, assaulted Md. Rabbani Alam with a sharp weapon (Dabia), causing grievous injuries to the victim's neck and hand. The petitioner sought anticipatory bail, claiming innocence and that he was falsely implicated due to a land dispute. The State opposed the bail, highlighting the seriousness of the injury, the direct allegation against the petitioner, and corroborative witness testimony and medical report. The court examined the prosecution evidence, found the allegations credible and the injury grievous, and concluded that the circumstances did not warrant the grant of anticipatory bail. Consequently, the court rejected the petitioner's request for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault causing grievous injury.
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal procedure
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3004 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- RAUTA District- Purnia
======================================================
Md. Matiur Rahman S/O Late Md. Yasin R/O Vill.- Mahsel, Ward no. 2, P.S.-
Rauta, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rauta P.S. Case No. 226 of 2025, instituted under Sections
126(2), 115(2), 118(1), 118(2), 109, 3(5) of the B.N.S.
3. As per the prosecution case, on the date and time of
occurrence brother of informant was sitting in his drawing room
then petitioner along with other accused persons came there
with sharp weapons and started abusing him. The specific
allegation against the petitioner is that he assaulted Md. Rabbani
Alam on his neck and hand with Dabia due to which he
allegedly got injured.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.3004 of 2026(3) dt.09-04-2026
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case due to land dispute. He is an old man having no criminal
antecedent. Informant side were the aggressor. Petitioner
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that the injury to
the injured is on the neck and hand caused by sharp object and
the nature of injury is grievous and there is direct allegation
against the petitioner causing such injury to the injured.
6. On perusal of case diary, it appears that witnesses
have supported the prosecution case. The specific allegation of
assault by Dabia on neck and hand of injured which is
corroborated by the injury report which shows injury grievous
in nature caused by sharp object.
7. Considering the aforesaid facts and circumstances
of the case and there is direct allegation against the petitioner
causing grievous injury on hand and neck of the injured, this
Court is not inclined to enlarge the petitioner on anticipatory
bail. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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