Patna High Court
Md. Haism RainversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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 The order dismissed the application for petitioners 1 and 3, which had been withdrawn.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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…