Patna High Court
Md. SalmanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court refused to grant bail to the petitioners.
Summary
The petitioners, Md. Raja and Md. Salman, were arrested in connection with a land‑dispute‑related assault that allegedly resulted in the death of the informant’s aunt. They were charged under sections 103(1), 303(2) and 303(3) of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued that they were falsely implicated, highlighted inconsistencies such as the delayed FIR filing and a post‑mortem report that did not support the prosecution’s case, and pointed out that co‑accused had already been released on bail. The State opposed bail, emphasizing the direct allegations against the petitioners and the recent denial of bail to another co‑accused. After hearing both sides, the Court found the allegations serious enough to deny regular bail and ordered the trial court to expedite the trial.
Issues considered
- Whether regular bail should be granted to the accused under sections 103(1), 303(2) and 303(3) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault leading to death.
- Whether the delay in FIR filing and the post‑mortem findings warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 303(2), 303(3)
Subjects
- bail
- criminal procedure
- murder
- assault
- land dispute
- false implication
- Bharatiya Nyaya Sanhita
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76993 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Md. Raja @ Md. Aurangjeb S/o- Md. Suddub @ Md. Saood @ Md. Saoob @
Sawood Resident of Village- Panchveer, P.S- Sahebpur Kamal, District-
Begusarai Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 77062 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Md. Salman Son of Md. Firoj Resident of Village - Panchveer, P.S.- Sahebpur
Kamal, District - Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76993 of 2025)
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Piyush Parasar, Advocate
Mr. Amrit Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
(In CRIMINAL MISCELLANEOUS No. 77062 of 2025)
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Piyush Parasar, Advocate
Mr. Amrit Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Sahebpur Kamal P.S.
Case no.141 of 2025 registered under sections 103(1), 303(2)
Patna High Court CR. MISC. No.76993 of 2025(4) dt.11-02-2026
2/3
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that
as a result of land dispute, the seven named accused persons
including the two petitioners herein came and started to assault
his aunt (phua). The panchayati was to take place on 17.5.2025.
It is further stated that all the accused persons were found
assaulting her as a result of which she died.
4. Learned Senior counsel appearing for the petitioners
submits that the petitioners have been falsely implicated in the
case. Even as per the allegations in the FIR while Md. Raja is
said to have caught hold of the rope, Md. Salman is said to have
caught hold of the hand. There is no explanation for the delay in
reporting the matter and lodging of the FIR and while the
occurrence is said to have taken place at 7 a.m., information was
given at the police station which was just 4 k.m. away at 3.30
p.m. The post-mortem report does not support the prosecution
case. Learned Senior counsel has taken the Court through the
averments made in paragraph nos.13, 14 and 15 of the case
diary. It is further submitted that co-accused Noor Saba Khatoon
and Begam Khatoon have been enlarged on bail vide order
dated 8.12.2025 passed in Cr. Misc. no.56196 of 2025. The
petitioners are in custody since 17.7.2025 and undertake to
Patna High Court CR. MISC. No.76993 of 2025(4) dt.11-02-2026
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cooperate in the trial.
5. The application for bail is opposed by learned A.P.P.
for the State and learned counsel for the informant. Learned
counsel for the informant submits that there is direct allegation
against the petitioners in the FIR of having assaulted the aunt
(phua) of the informant leading to her death. It is further
submitted that the application for bail of co-accused Md. Raju
@ Md. Shahjahan has been rejected vide order dated 14.11.2025
passed in Cr. Misc. no.75958 of 2025.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioners in
the FIR, both the petitioners having been named therein and
specific overt act having been alleged against them leading to
death of aunt (phua) of the informant together with the rejection
of bail of co-accused Md. Raju @ Md. Shahjahan vide aforesaid
order dated 14.11.2025, the Court is not inclined to enlarge the
petitioners on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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