Patna High Court
Md. Rahil @ SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103(2), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
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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