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Patna High Court

Chulka @ AslamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Regular bail was denied to the petitioners.

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 a lathi, danda and iron rod, resulting in his death. They filed regular bail petitions, asserting innocence, lack of prior criminal record, and that the post‑mortem report showed injuries inconsistent with an iron‑rod assault. The State opposed bail, emphasizing the direct allegation that the petitioners caused a fatal head injury. Justice Jitendra Kumar, after hearing counsel, held that the seriousness of the allegation warranted denial of regular bail. The court directed the trial court to complete the trial within a year and allowed the petitioners to renew bail applications thereafter.

Issues considered

  • Whether regular bail can be granted to the accused in a murder case where there is a direct allegation of causing fatal injury with an iron rod
  • Whether the nature of the injuries as per post‑mortem report negates the prosecution’s allegation

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
  • criminal procedure
  • B.N.S. 2023
  • trial expeditious
  • post-mortem evidence

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
                                            2/3




          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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