Patna High Court

Idarish Rain @ Edrish Rain @ Md. Idarish RainversusThe State of Bihar

Decided: 6 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Idarish Rain, applied for bail in a case registered under multiple sections of the B.N.S., alleging he only gave orders and did not personally commit any overt act. The prosecution alleged that a group of 15-20 unknown persons, allegedly acting on the petitioner’s orders, assaulted the informant’s uncle. The petitioner claimed innocence, stating he was falsely implicated and that many of his prior cases were inter‑party disputes. The State opposed bail, highlighting the petitioner’s alleged criminal antecedent of six cases. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the B.N.S.
Whether the petitioner’s alleged role as an order‑giver without an overt act justifies granting bail
Whether the petitioner’s prior criminal antecedent affects the bail decision

Legislation cited

B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 303(2), 324(3), 329(3), 3(5), 352, 76

Subjects

bail
criminal procedure
order giver
prior criminal antecedent
judicial custody
sureties
B.N.S. offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88585 of 2025
                    Arising Out of PS. Case No.-143 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Idarish Rain @ Edrish Rain @ Md. Idarish Rain, S/o Thakai Rain, R/o
                 Village- Barhmpur, P.S.- Phulparas, District- Madhubani
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                                                  Ms. Nitu Kumari, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Phulparas P.S. Case No. 143 of 2025 registered for the

                   offence punishable under Sections 329(3), 352, 115(2), 118(1),

                   109(1), 324(3), 76, 303(2), 117(2) and 3(5) of B.N.S.

                                 3. The case of the prosecution, in short, is that 15-20

                   unknown persons came at the shop of informant’s uncle being

                   armed with lathi, danda, bhala and iron rod and started abusing

                   him. As far as this petitioner is concerned, it is alleged that this

                   petitioner ordered and on his order, other accused persons

                   assaulted.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.88585 of 2025(2) dt.06-01-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. He is only the order giver. No overt act is alleged against

                       him. There is also a counter version of this case. Petitioner is in

                       judicial custody since 08.10.2025.

                                    5. Learned APP appearing for the State and learned

                       counsel for the informant have vehemently opposed the

                       application for bail. Learned counsel for the informant         has

                       submitted that petitioner is having criminal antecedent of six

                       cases.

                                    6. Countering this, learned counsel for the petitioner

                       has submitted that most of the cases are between the parties.

                                    7. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       A.C.J.M.-II, Jhanjharpur, Madhubani in connection with

                       Phulparas P.S. Case No. 143 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T

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