Patna High Court
Md. Matiur Rahaman @ Matiur RahmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 351(3), 352
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
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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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