Patna High Court
Md. HaiderversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
The Court held that regular bail cannot be granted as the petitioners are directly alleged to have caused the victim's death.
Summary
The petitioners, Md. Haider and Chulka Aslam, were charged under multiple sections of the B.N.S., 2023 for allegedly assaulting the father of an informant with an iron rod, causing a fatal head injury. They applied for regular bail, claiming innocence, lack of prior criminal record, and that the post‑mortem showed injuries inconsistent with an iron‑rod assault. The State opposed bail, emphasizing the direct allegation that the petitioners caused the victim's death. The Court, after hearing counsel, found the allegation of causing a fatal head injury sufficient to deny regular bail. However, the Court directed the trial court to expedite the trial and complete it within a year, allowing the petitioners to renew their bail application thereafter.
Issues considered
- Whether regular bail should be granted to accused persons alleged to have caused a death by assault
- Whether the nature of injuries and post‑mortem findings affect the grant of bail
- Whether the absence of prior criminal antecedents warrants bail in a murder case
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 3(5), 351(2)(3), 352, 76
Subjects
- bail
- regular bail
- murder
- assault
- death
- trial expedite
- criminal miscellaneous
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80543 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar
======================================================
Md. Haider Son of Majiful Haque @ Majiful R/V-Guagaon, P.S.- Kachna,
Distt-Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 83114 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar
======================================================
Chulka @ Aslam S/o Saiful @ Saiful Haque R/O - Gownua Gaon, P.S.-
Kachna, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 80543 of 2025)
For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate
Md. Jawahar Hussain, Advocate
Mrs. Shrishti Rani, Advocate
For the State : Mr. Tapeshwar Sharma, APP
(In CRIMINAL MISCELLANEOUS No. 83114 of 2025)
For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate
Md. Jawahar Hussain, Advocate
Mrs. Shrishti Rani, Advocate
For the State : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Kachna
P.S. Case No. 41 of 2025 dated 08.07.2025, registered for the
offences punishable under Sections 191(2), 190, 126(2), 115(2),
Patna High Court CR. MISC. No.80543 of 2025(3) dt.21-01-2026
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118(1), 117(2), 109, 76, 303(2), 352, 351(2)(3) and 3(5) of
B.N.S., 2023.
3. As per allegation, nine accused persons including
the petitioners came over the land of the informant armed with
lathi, danda and iron rod and started beating the father of the
informant, who subsequently died. The specific allegation
against the petitioners is that they have beaten the victim by iron
rod, resulting into the serious injury into the head which resulted
into his death.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. He further submits that as per the allegation, both the
petitioners have assaulted the deceased with iron rod, but as per
the post-mortem report, there is only one lacerated wound on
the occipital region of the deceased and one swelling on the
shoulder and bruise on thigh which could not be caused by
assault by iron rod. He further submits that not only charge-
sheet has been submitted, but also charge has been framed in
this case.
5. He further submits that the petitioner No. 1/Md.
Haider and petitioner No. 2/Chulka @ Aslam have been
languishing in jail since 25.08.2025 and 30.07.2025,
Patna High Court CR. MISC. No.80543 of 2025(3) dt.21-01-2026
3/3
respectively.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioners have no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioners for bail submitting that
there is direct allegation of assault by the petitioners by iron rod
which resulted into the death of the deceased and hence, they do
not deserve the privilege of regular bail.
9. Considering the aforesaid facts and circumstances,
particularly the direct allegation of causing injury on the head
which resulted into the death of the victim, I am not persuaded
to enlarge the petitioners on regular bail and accordingly, it is
rejected.
10. However, learned Trial Court is directed to
expedite the trial and conclude the same within a year, failing
which the petitioners have liberty to renew their prayer for
regular bail.
(Jitendra Kumar, J)
shoaib/-
U T
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