Created by Fuzzy Cloud

Patna High Court

Md. Rahmtullah @ RahmtullahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.82834 of 2025(6) dt.07-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.82834 of 2025(6) dt.07-04-2026
                                            3/4




          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
              Patna High Court CR. MISC. No.82834 of 2025(6) dt.07-04-2026
                                                          4/4




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.