Patna High Court
Afzal RayeenversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted and rejected the petitioner's application.
Summary
The petitioner, Afzal Rayeen, applied for regular bail in a case registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging he inflicted a knife blow on the informant's husband, who later died. The petitioner claimed false implication, highlighted a two‑day delay in filing the FIR and the absence of corroboration in the injury report, and offered to cooperate with the trial. The State opposed bail, asserting the petitioner was one of the assailants and noting that the trial had already examined five prosecution witnesses with four more pending. The court examined the stage of the trial and the seriousness of the allegation that the petitioner caused a fatal injury. Considering the evidence on record and the progress of the trial, the court refused to grant bail.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged fatal assault and the stage of trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- fatal assault
- FIR delay
- trial stage
- Bharatiya Nyaya Sanhita
- sections 103(1)
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7567 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
Afzal Rayeen S/O Anwar Rayeen Resident of Village- Choraut, Ward No. 7,
P.S.- Choraut, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 01-06-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Choraut P.S. Case no.97
of 2025 registered under sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is said
to have inflicted a knife blow on the back of the husband of the
informant while others assaulted him with bricks etc. The
husband of the informant succumbed to his injury in course of
treatment.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case along with the
other members of his family including his mother. The
Patna High Court CR. MISC. No.7567 of 2026(6) dt.01-06-2026
2/3
allegation of repeated knife blow by the petitioner is not
supported by the injury report. Inspite of the occurrence
allegedly having taken place on 7.7.2025, the FIR was lodged
only two days later on 9.7.2025 without there being any
explanation for the delay. The petitioner is in custody since
16.7.2025 and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned
A.P.P. for the State who submits that the petitioner is one of the
assailants of the deceased and the trial has proceeded in the
learned trial Court.
6. A report was called for with respect to the stage
of trial from the learned trial Court. As per the report received
contained in letter dated 8.5.2026 of the District and Additional
Sessions Judge IX, Sitamarhi, five prosecution witnesses have
been examined on behalf of the prosecution while four remain
to be examined.
7. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR wherein it is stated that the petitioner inflicted a knife
blow on the back of her husband who died subsequently in
course of treatment and the trial having proceeded with
examination of five prosecution witnesses, the Court is not
Patna High Court CR. MISC. No.7567 of 2026(6) dt.01-06-2026
3/3
inclined to enlarge the petitioner on bail and the application is
rejected.
(Partha Sarthy, J)
Saurabh/-
U
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