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Patna High Court

Md. Haism RainversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court held that bail may be granted to petitioners 2, 4, 5 and 6 subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNS.

Summary

The petitioners, numbered 2, 4, 5 and 6, sought bail after being implicated in a case (Phulparas P.S. Case No. 143 of 2025) involving offences under various sections of the Bihar Negotiable Sale Statute (BNS) and Section 27 of the Arms Act. The prosecution alleged that they assaulted an informant and looted money. The petitioners claimed innocence and alleged that the accusations were false and omnibus. The High Court, after hearing, partially allowed the bail application for the four petitioners, directing that they be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS. The order dismissed the application for petitioners 1 and 3, which had been withdrawn. The bail was conditioned on compliance with the stipulated terms and the satisfaction of the learned ACJM‑II, Jhanjharpur, Madhubani.

Issues considered

  • Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS for the offences alleged.
  • Whether the allegations against the petitioners constitute a ground to deny bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure
  • Section 438
  • Section 482
  • Arms Act
  • assault
  • looting
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88569 of 2025
                    Arising Out of PS. Case No.-143 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
           1.     Md. Haism Rain S/o- Majebul Rain @ Md. Majebul Rain Village- Brampur,
                  PS- Phulparas, District- Madhubani
           2.    Md. Mumtaz Alam S/o- Ulfat Rain Village- Brampur, PS- Phulparas,
                 District- MadhubaniVillage- Brampur, PS- Phulparas, District- Madhubani
           3.    Khush Mohammad @ Khus Mohammad Rain S/o- Majebul Rain @ Md.
                 Majebul Rain Village- Brampur, PS- Phulparas, District- Madhubani
           4.    Md. Ali @ Ali Haq @ Akbar Ali @ Md. Akbar Ali S/o- Takai Rain Village-
                 Brampur, PS- Phulparas, District- Madhubani
           5.    Md. Ayub Alam S/o- Late Thakai Rain Village- Brampur, PS- Phulparas,
                 District- Madhubani
           6.    Md. Mainul Haq S/o- Idrish Rain Village- Brampur, PS- Phulparas, District-
                 Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti
                 For the Opposite Party/s :      Mr. Murli Dhar
                 For the Informant        :      Mr. R. Jha Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Learned counsel for the petitioner prays for and is

                   permitted to withdraw this application on behalf of the

                   petitioner no. 1 and 3.

                                3. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner no. 1 and 3 and now this
Patna High Court CR. MISC. No.88569 of 2025(2) dt.15-01-2026
                                            2/3




          application is restricted to petitioner nos. 2, 4, 5 and 6.

                          4. The petitioner nos. 2, 4, 5 and 6 apprehend their

          arrest in connection with Phulparas P.S. Case No. 143 of 2025

          registered for the offence under Section 329(3), 352, 115(2),

          118(1), 109(1), 324(3), 76, 303, 117(2) and 3(5) of the BNS and

          under Section 27 of the Arms Act.

                          5. As per the prosecution case, the petitioners are

          accused of assaulting the informant and looting money.

                          6. It has been submitted by the learned counsel for

          the petitioners that the petitioners are innocent and they have

          falsely been implicated in this case. He further submits that

          there is general and omnibus allegation against the petitioners.

                          7. Considering the aforesaid facts, this application

          is partly allowed with regard to petitioner nos. 2, 4, 5 and 6.

                          8. Let the petitioner nos. 2, 4, 5 and 6, above

          named, in the event of their arrest or surrender before the

          concerned Court below within four weeks from today, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction       of     the      learned       ACJM-II,      Jhanjharpur,

          Madhubani/concerned             Court     below      in   connection   with

          Phulparas P.S. Case No. 143 of 2025, subject to the conditions
          Patna High Court CR. MISC. No.88569 of 2025(2) dt.15-01-2026
                                                      3/3




                    laid down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                               (Sandeep Kumar, J)
Vikas/-

U


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