Patna High Court
RAHMAT MIANversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rahmat Mian was charged under sections 103(1) and 61(2) of the Bihar Negotiable Substances Act and section 27 of the Arms Act for allegedly participating in an ambush that led to the death of an informant's husband. The prosecution alleged that the petitioner, along with others, intercepted the victim and that Katil Akhtar fired the fatal shot. The petitioner’s counsel argued that the FIR primarily implicates Katil Akhtar, that the post‑mortem report shows no direct evidence of the petitioner firing, and that a similarly situated co‑accused had been granted bail. The State opposed bail, citing the seriousness of the offences. After considering the lack of overt act by the petitioner, his clean record, and the circumstances of his custody, the court granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 103(1), 61(2) of the BNS Act and section 27 of the Arms Act
- Whether the evidence on record establishes a prima facie case against the petitioner sufficient to deny bail
Legislation cited
- Arms Act — s. 27
Subjects
- regular bail
- bail application
- criminal procedure
- Arms Act
- section 27
- Bihar Negotiable Substances Act
- sections 103(1) and 61(2)
- evidence
- post‑mortem report
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7425 of 2026
Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Rahmat Mian, Son of Late Khalil Miya, Resident of Village - Sariswa, P.S.-
Harsidhi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 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 103(1) and
61(2) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that while the
husband of the informant was returning from a party, the
petitioner along with other intercepted him on his way and one
Katil Akhtar fired at the husband of the informant due to which
he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.7425 of 2026(3) dt.10-04-2026
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FIR, it is clear that main thrust of allegation is against one Katil
Akhtar who has fired upon the deceased. It has also been
submitted that from perusal of the postmortem report, it will
transpire that the doctor conducting the autopsy of the person of
the deceased has found following injuries :- (i) bleeding from
nose and right ear (ii) bruise on right shoulder of size 3’ x 1’ (iii)
one lacerated wound present on the right parietal area of skull of
size ½’ ½’ x cavity deep with inverted margin (entry wound)
(iv) swelling on left parietal area of skull. The cause of death is
hemorrhage due to above mentioned injuries. There is no
specific overt act of firing against this petitioner. It has further
been submitted that similarly situated co-accused Md. Kalam
has been granted bail by this Court vide Cr. Misc. No. 13678 of
2026. Petitioner is having no criminal antecedent and he
languishing in judicial custody since 19.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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
Harsidhi P.S. Case No. 708 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.7425 of 2026(3) dt.10-04-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M.1st Class, East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
lata/-
U T
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