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Patna High Court

Md. Rahil @ SahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Md. Rahil, was implicated in a land‑dispute incident where he and others allegedly assaulted an informant’s family, resulting in the death of the informant’s husband. The FIR lists several offences under the Bhartiya Nyaya Sanhita, but the petitioner contends that the FIR contains only a general, omnibus allegation against him without specifying his role. The State opposed his bail, citing the seriousness of the charges. The Court examined the FIR, noted the absence of a specific allegation against the petitioner and his clean antecedent, and consequently ordered bail on the condition of surrender within eight weeks and furnishing a bail bond with sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita. The bail was granted with a monetary bond of Rs. 10,000 and two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under the Bhartiya Nyaya Sanhita.
  • Whether the FIR’s general allegation against the petitioner suffices to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • FIR
  • general allegation
  • land dispute
  • assault
  • homicide
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86856 of 2025
                        Arising Out of PS. Case No.-182 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Md. Rahil @ Sahil Son of Md. Shouib R/o Village- Gogra, Ward No. 13, P.S.-
                 Jokihat, District- Araria
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Iqbal Asif Niazi
                 For the Opposite Party/s :        Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in a case registered

                   for the offence under Sections 126(2), 115(2), 118(1), 76,

                   303(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita and

                   later on, Section 103(2) of the B.N.S., 2023.

                                3. As per prosecution case, on 09.06.2025 at about 9

                   AM, due to land dispute, this petitioner along with others

                   assaulted informant, her husband & other family members with

                   sticks and sharp knives, as a result of which, husband of

                   informant died during course of treatment.

                                4. Learned counsel for the petitioner submits that

                   from perusal of F.I.R., it is apparent that specific accusation of

                   assault is against other co-accused persons. So far as petitioner

                   is concerned, there is general & omnibus allegation. F.I.R. does

                   not disclose any specific role to this petitioner. Petitioner claims
           Patna High Court CR. MISC. No.86856 of 2025(2) dt.10-02-2026
                                                       2/2




                     clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. In the facts and circumstances of the case, let the

                     above named petitioner, in the event of their arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Chief Judicial Magistrate, Araria in connection with Jokihat P.S.

                     Case No. 182 of 2025, subject to condition as laid down under

                     Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                        (Prabhat Kumar Singh, J)
anay

U      T


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