Patna High Court
Md. Jahir @ Md. JahidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Md. Jahir and Md. Gulfam, were arrested in connection with a gang‑rape case (Kiul P.S. Case No.28 of 2019) under IPC sections 376, 120‑B, 504, 34 and POCSO Act section 8. They had been in custody since 8 October 2025. The investigating police submitted a final report exonerating them, but the trial court proceeded to take cognizance. The petitioners filed a bail application, arguing that the exonerating report and the length of custody warranted release. The Patna High Court, noting the police exoneration and the period of detention, allowed bail on the condition of a Rs 10,000 bond per petitioner with two sureties and a requirement to cooperate with the trial. The Court expressly stated it was not expressing any view on the merits of the underlying offences.
Issues considered
- Whether bail should be granted to the accused in a serious offence of gang‑rape despite the pending trial.
- Whether the exonerating police final report and the duration of pre‑trial custody justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 120-B, 34, 376, 504
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- gang rape
- IPC
- POCSO Act
- exonerating police report
- pre‑trial custody
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87363 of 2025
Arising Out of PS. Case No.-28 Year-2019 Thana- KIUL District- Lakhisarai
======================================================
1. Md. Jahir @ Md. Jahid S/O Md. Fakruddin @ Fakruddin Miyan R/O
Village- Hakimganj, P.S- Kiul, Distt.- Lakhisarai.
2. Md. Gulfam @ Md. Gulfan S/O Md. Halim @ Md. Halim Miyan R/O
Village- Hakimganj, P.S- Kiul, Distt.- Lakhisarai.
... ... Petitioners
Versus
1. The State of Bihar
2. Shabra Khatoon (Imaginary name) D/o Abbash Malik (Imaginary name) At
Hakimganj, P.S. - Kiul, District - Lakhisarai.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Niraj Kumar, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kiul P.S. Case No.28 of 2019 registered for the offence under
sections 376, 120-B, 504, 34 of the Indian Penal Code and under
section 8 of the POCSO Act.
3. The petitioners and others are said to have
committed gang rape with the victim.
4. The petitioners are in custody since
08.10.2025.
5. The case was investigated by the police and
Patna High Court CR. MISC. No.87363 of 2025(5) dt.30-03-2026
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final form was submitted exonerating the petitioners but the
court below differing with the final form has taken cognizance
against the petitioners.
6. Considering the fact that the police, upon
investigation, has submitted final form exonerating the
petitioner and also the period of custody of the petitioners, this
bail application is allowed.
7. Let the petitioners, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Lakhisarai / concerned
Court below, in connection with Kiul P.S. Case No.28 of 2019,
subject to the condition that they will cooperate in the trial and
will appear personally or through their advocates on each and
every date fixed in the trial.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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