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Patna High Court

Md. Jahir @ Md. JahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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