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Patna High Court

Md. Matiur Rahaman @ Matiur RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond, sureties, and specific conditions.

Summary

The petitioner, Md. Matiur Rahaman, was arrested on 2 September 2025 in connection with a case involving alleged assault with an iron rod, resulting in grievous injuries to the informant's nephew. He sought bail, claiming innocence and that the FIR was filed three days after the incident without explanation. The prosecution opposed bail, highlighting the seriousness of the injuries and the petitioner's prior criminal antecedent, though noting he was already on bail in another matter. The court examined the nature of the offence, the delay in filing the FIR, and the petitioner's criminal history, and decided to grant bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner's antecedents without delaying the release.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the alleged assault and his prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • grievous injury
  • antecedent
  • Bihar
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78847 of 2025
                           Arising Out of PS. Case No.-19 Year-2025 Thana- Telta District- Katihar
                 ======================================================
                 Md. Matiur Rahaman @ Matiur Rahman Son of Late Md. Farooque Resident
                 Of Village - Lohargara, Ps- Telta, Dist- Katihar        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. N.K. Agrawal, Sr. Advocate
                                                     Mr. Kumar Rajdeep, Advocate
                                                     Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :          Mr. Jharkhandi Upadhyay, APP
                 For the Informant        :          Md. Tahmeed Helal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-01-2026                       Heard Mr. N.K. Agrawal, learned senior counsel for

                   the petitioner, Md. Tahmeed Helal, learned counsel for the

                   informant and Mr. Jharkhandi Upadhyay, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   02.09.2025 in connection with Telta P.S. Case No. 19 of 2025,

                   F.I.R. dated 11.04.2025 for the offences punishable under

                   Sections 126(2), 115(2), 109, 352, 351(3) and 3(5) of the BNS,

                   2023.

                                3.      According to prosecution case, all the accused

                   persons including this petitioner have brutally assaulted the

                   informant's nephew by means of iron rod due to which he

                   received grievous injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.78847 of 2025(4) dt.29-01-2026
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          present case. He further submits that the petitioner is named in

          the F.I.R and the allegation against the petitioner is that he has

          assaulted to the informant by means of iron rod. He further

          submits that the injured person received injury which is

          grievous in nature but there is no intention to kill anyone and

          due to some dispute the present occurrence has taken place. It

          appears from the F.I.R that the date of occurrence is 08.04.2025

          but the present F.I.R has been instituted on 11.04.2025 i.e., after

          delay of 3 days without giving any explanation of the said delay.

          He further submits that the police after investigation submitted

          the charge sheet against the petitioner. The petitioner is in

          custody since 02.09.2025.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioner and submits that the injury

          received by the injured person is grievous in nature and apart

          from that the petitioner carries one criminal antecedent other

          than the present one but fairly submits that he is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
            Patna High Court CR. MISC. No.78847 of 2025(4) dt.29-01-2026
                                                        3/3




                      the like amount each to the satisfaction of the learned J.M. 1 st

                      Class, Katihar in connection with Telta P.S. Case No. 19 of

                      2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T


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