Patna High Court
Md. Rahmtullah @ RahmtullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
The petitioner, Md. Rahmtullah, applied for pre‑arrest bail in a case where he is alleged to have assaulted an informant and the informant’s son, the latter dying from injuries. The FIR lists several serious offences under the Bihar Non‑Compulsory Statutes, but the informant’s statement does not specifically accuse the petitioner of assaulting his son; that allegation is directed at co‑accused Md. Rizwan. The petitioner asserted his innocence, clean antecedent, and pointed out that a co‑accused, Rashid, had already been granted pre‑arrest bail in a related matter. The State and the informant opposed bail, arguing the petitioner’s involvement in the assault. After reviewing the FIR, investigation material, and the clean record, the Court found a prima facie case for bail and ordered the petitioner’s release on pre‑arrest bail subject to bond and sureties, with verification of antecedents by the District Court.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious charges under Sections 126(2), 115(2), 118(2), 109, 352, 351(3), 3(5) and 103(1) of the BNS.
- Whether the FIR specifically implicates the petitioner in the death of the informant’s son.
- Whether the petitioner’s clean antecedent and the bail granted to a co‑accused justify granting bail.
Legislation cited
- Bihar Non‑Compulsory Statutes (BNS) — s. 103, 109, 115, 118, 126, 3, 351, 352
- Bihar Non‑Compulsory Statutes (BNSS) — s. 482
Subjects
- pre‑arrest bail
- assault
- murder
- clean antecedent
- FIR
- eye witness
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82834 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Md. Rahmtullah @ Rahmtullah S/O Md. Husain R/O Village- Rampur
Dakshin, Ward No.3, P.S- Forbesganj, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Divya Bharati, Advocate
For the Informant : Mr. Mukesh Kumar Rana, Advocate
For the State : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 07-04-2026 Heard Mrs. Divya Bharati, learned counsel
appearing on behalf of the petitioner; Mr. Mukesh Kumar Rana,
learned counsel for the informant and Mr. Binod Kumar, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Forbesganj P.S. Case No. 178 of 2025, registered for the
offence punishable under Sections 126(2), 115(2), 118(2), 109,
352, 351(3) and 3(5) of the BNS and further added Section
103(1) of the BNS vide order dated 08.04.2025.
3. As per the allegation made in the FIR, the petitioner
along with other accused persons, had assaulted the informant
and his son, who succumbed to the injuries.
4. Learned counsel appearing on behalf of the
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petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
informant is the eye witness, but in the FIR, he has not alleged
that the petitioner has assaulted the son of the informant. The
specific allegation against the petitioner is of assaulting the
informant, who had sustained grievous injury on his hand,
however, the same is not on the vital part of the body. Specific
allegation of assaulting the son of the informant is against co-
accused Md. Rizwan. Co-accused Rashid has already been
released on pre-arrest bail by a co-ordinate Bench of this Court
vide order dated 09.09.2025 passed in Criminal Miscellaneous
No. 52938 of 2025. Petitioner has clean antecedent. On these
grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned counsel appearing on behalf of the
informant submitted that petitioner along with other accused
persons had assaulted the informant causing injury on his hand
and had also assaulted the son of the informant, who succumbed
to injury. Petitioner doesn't deserve to be released on pre-arrest
bail.
6. Learned APP for the State has also vehemently
opposed the prayer for grant of pre-arrest bail.
7. Having considered the rival submissions made on
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behalf of the parties, as well as, having perused the allegation
made in the FIR and the material, which has come in course of
investigation, I find that informant is the eye witness and in the
FIR, he has not alleged that the petitioner had assaulted his son,
who succumbed to injury. Specific allegation of assaulting the
son of the informant is against co-accused Md. Rizwan. Co-
accused Rashid has already been released on pre-arrest bail by a
co-ordinate Bench of this Court vide order dated 09.09.2025
passed in Criminal Miscellaneous No. 52938 of 2025. Petitioner
has clean antecedent. I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
8. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Forbesganj P.S. Case No.
178 of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
9. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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