Patna High Court
NomanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Noman, was arrested for allegedly assaulting the husband of an informant with a sword, resulting in the victim's death. He applied for bail, claiming innocence and asserting that the case stemmed from a family dispute. The State opposed bail, emphasizing the specific accusation in the FIR and the post‑mortem confirming death due to head injury. The court examined the seriousness of the charges and the direct nature of the allegation, concluding that bail could not be granted. Consequently, the bail petition was dismissed, and the trial court was directed to expedite the trial within a year.
Issues considered
- Whether bail should be granted to the petitioner given the gravity of the offences alleged under the B.N.S.
- Whether the specific and direct nature of the accusation justifies denial of bail
Legislation cited
- B.N.S. — s. 103(2), 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 3(5), 351(2), 351(3)
Subjects
- bail
- murder
- assault with deadly weapon
- criminal procedure
- pre‑trial detention
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79094 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- SIMRAHA District- Araria
======================================================
Noman S/O Haroon @ Md. Haroon R/O Vill./Mohalla- Sonarpatti, Ward no.
3, P.S.- Simraha, Dist.- Arraria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. N. K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the State : Mr. Yogendra Kumar, APP
For the Informant : Mr. Mukesh Kumar Rana, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-01-2026 Heard learned senior counsel for the petitioner,
learned A.P.P. for the State and learned counsel appearing on
behalf of the informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 351(2), 351(3), 103(2), 191(2), 191(3), 190 and
3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted on the head of husband of informant with
sword as a result of which, he died during course of treatment.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.79094 of 2025(5) dt.30-01-2026
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that petitioner is quite innocent and has committed no offence.
As a matter of fact, both parties are Gotiya and due to family
dispute, petitioner has falsely been implicated in this case.
Moreover, charge-sheet has already been submitted and
petitioner, having no criminal antecedents, is in custody since
09.01.2025.
5. On the other hand, learned A.P.P. for the State and
learned counsel appearing on behalf of the informant have
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. with specific
accusation that he assaulted on the head of husband of informant
with sword as a result of which, he died during course of
treatment. As per post mortem report, cause of death is head
injury.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant bail of to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 09.01.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
Patna High Court CR. MISC. No.79094 of 2025(5) dt.30-01-2026
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of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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