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Patna High Court

Abdul BarikversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that, in view of the grave nature of the offences, the alleged involvement in a murder, and the petitioner’s antecedent cases, bail could not be granted.

Summary

Abdul Barik was arrested in connection with a land‑dispute incident that allegedly resulted in assault, murder and other violent offences under several sections of the IPC. He applied for bail, claiming the FIR was forged and that he was falsely implicated due to village politics. The prosecution highlighted the seriousness of the charges, including murder, assault with a knife, and the petitioner’s prior criminal cases. The High Court, after hearing both sides, found the allegations prima facie sufficient and considered the gravity of the offences and the petitioner’s antecedents. Consequently, the court refused bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether the petitioner is entitled to bail given the nature and seriousness of the offences alleged.
  • Whether the alleged fabrication of the FIR negates the necessity for bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • murder
  • land dispute
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3167 of 2026
                      Arising Out of PS. Case No.-124 Year-2024 Thana- AMDABAD District- Katihar
                 ======================================================
                 Abdul Barik Son of Nurul Islam R/o Chhota Lakhanpur, P.S. - Amdabad,
                 Distt.- Katihar.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, A.P.P.
                 For the Informant        :       Mr. Rajeev Kumar Singh, Advocate
                                          :       Mr. Prabhojat Singh, Advocate
                                          :       Mr. Mohit Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-03-2026                        Heard Mr. Sanjeev Kumar Singh, learned counsel

                   for the petitioner, Mr. Rajeev Kumar Singh, learned counsel for

                   the informant and Mr. Murli Dhar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.05.2025 in connection with Amdabad P.S. Case No. 124 of

                   2024       for     the     offences      punishable        under       Sections

                   341,323,324,307,302, 504, 506, 34 and 120(B) of IPC.

                               3. The prosecution case, in brief, is that due to land

                   dispute all of the named accused persons came at the house of

                   the informant and started to abuse and assault the informant and

                   his      family       members.        One       Abdul        Bark       nabbed
Patna High Court CR. MISC. No.3167 of 2026(3) dt.19-03-2026
                                            2/3




          a knife on the back of Rabiul Alam, Faruk Alam assaulted on his

          head, Md. Sharif pulled the knife, then after his brother died on

          spot. All of the accused persons assaulted the informant on his

          thumb of left hand by means of lathi for which he sustained

          injury. One Mojibur Rahman and Mahboob Alam assaulted to

          one Asfaque Alam, Mahfooz Alam and Abdulla Wahid, for

          which they also get injured. The local persons came

          forward then all of the accused persons fled away.

                      4. Learned counsel for the petitioner submits that the

          allegation as alleged in the FIR is forged and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          It is next submitted that due to village politics the petitioner has

          been falsely implicated in the present case.

                      5. The learned Additional Public Prosecutor and

          learned counsel for the informant, on the other hand, have

          vehemently opposed the prayer for bail of the petitioner and

          submit that from bare perusal of the allegation as alleged in the

          FIR it appears that there is two specific allegation against the

          petitioner and deceased has died on the spot. It is next submitted

          that there is specific allegation of assault by means of knife

          upon the deceased. Apart from aforesaid, petitioner has

          antecedent of two cases other than the present case.
           Patna High Court CR. MISC. No.3167 of 2026(3) dt.19-03-2026
                                                       3/3




                                  6. Considering the aforesaid facts and circumstances,

                     I am not inclined to enlarge the petitioner on bail in connection

                     with S. Tr. No. 484 of 2024 arising out of Amdabad P.S. Case

                     No. 124 of 2024 pending in the court of learned District and

                     Additional District & Sessions Judge-I, Katihar.

                                  8. Prayer is refused.

                                  9. However, the learned trial court is directed to

                     expedite and conclude the trial.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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