Md. Rahat Hussain @ Md. Rahat Ansari @ Feku MianversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91386 of 2025
                   Arising Out of PS. Case No.-177 Year-2025 Thana- PAKARIBARAW District- Nawada
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                 Md. Rahat Hussain @ Md. Rahat Ansari @ Feku Mian S/O Late Md. Isarail
                 Ansari @ Late Md. Israil Resident of- Pakri Barawan Bari Talab, P.S.- Pakri
                 Barawan, District- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agrawal, Sr. Advocate
                                                 Mr. Arjun Prasad No. 1, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   26-03-2026                   Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                 2. The petitioners have prayed for bail in connection

                   with Pakri Barawan P.S. Case No. 177 of 2025 registered for the

                   offence punishable under Sections 103, 3(5) of the B.N.S., 2023.

                                 3. The case of the prosecution, in short, is that the son of

                   the informant, namely, Md. Shakil was living at his matrimonial

                   home. The informant received information that his son had died

                   and there were marks of assault on his body. When he asked

                   Mustafa Miyan, he did not disclose anything. The informant

                   suspects that Md. Gabbar, Md. Mustafa, Sabina Khatoon, and 2-3

                   other persons have killed the deceased.

                                 4. Learned counsel appearing on behalf of the
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          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. He also submits that from perusal of the FIR, it is clear that

          the name of this petitioner is not there in the FIR. He also submits

          that from perusal of the para-6 of the case diary, it is clear that it

          has been disclosed by the locals that the petitioner, along with

          others, has assaulted the deceased. He also submits that during the

          course of the investigation in paragraph 44 of the case diary, it has

          come out that in the CCTV footage, it was found that the petitioner

          also assaulted the deceased with his leg. He further submits that

          from perusal of the post-mortem report, it transpires that the doctor

          conducting Autopsy of the deceased has found the following

          antemortem injuries:

                  (i)Multiple abrasions are present over the body.

                  (ii) Bruise 2x3 inch over upper part of abdomen

                  (iii) Abrasion 1x0.5 inch in right elbow,

                  (iv) Abrasion 3/4x0.5 inch over left knee on dissection. No

          any other visible injury seen over body.

                       5. Learned counsel for the petitioner also submits that

          regarding the cause of death, it has been opined that the exact

          cause of death could not be ascertained, so viscera was preserved

          for chemical examination. He further submits that as per the FIR,
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                    the allegation is that the petitioner, along with others, has killed

                    the deceased. At most, the allegation against the petitioner is that

                    he has also assaulted the deceased with his leg to the deceased. He

                    further submits that the antemortem injuries that were found on the

                    person of the deceased are not sufficient to cause death, i.e., why

                    the doctor conducting the autopsy has opined that the exact cause

                    of death could not be ascertained and the viscera were preserved.

                    Moreover, the petitioners are languishing in judicial custody since

                    31.07.2025.

                                 6. The application for bail is opposed by learned APP

                    for the State and submits that the petitioner is having criminal

                    antecedent of one case.

                                 7. Having heard learned counsel for the parties and

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

                    inclined to enlarge the petitioners on bail.         The above named

                    petitioners are directed to be enlarged on bail on furnishing bail

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

                    sureties of the like amount each to the satisfaction of the learned

                    A.C.J.M.-II, Nawada in connection with Pakri Barawan P.S. Case

                    No. 177 of 2025.


                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T