Patna High Court
Akhatar Miya @ Akhatar AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The bail application was rejected.
Summary
The petitioner, Akhatar Miya, is in custody for offences under Sections 103 and 3(5) of the B.N.S. following an FIR lodged on 27‑04‑2025 based on an informant's allegation that he assaulted a man, causing a head injury that later proved fatal. The petitioner’s counsel argued that he has been detained since 28‑04‑2025 and that only one of five prosecution witnesses has been examined. The State produced a post‑mortem report showing a fracture consistent with the alleged assault. The Court considered the seriousness of the charges, the medical evidence, and the stage of the investigation, and concluded that bail could not be granted. Consequently, the bail application was rejected and the trial court was directed to expedite the remaining witness examinations and conclude the trial.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 103 and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- Sections 103
- Section 3(5)
- B.N.S.
- post‑mortem report
- assault
- homicide
- trial acceleration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91934 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- ASANWA District- Siwan
======================================================
Akhatar Miya @ Akhatar Ali son of Subhan Miya Resident of village
-Arakpur Barkurwa PS -Asaon District -Siwan
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-05-2026 Heard the parties.
2. The petitioner is in custody in connection with
Asaon P.S. Case No. 59 of 2025, for the offence punishable
under Sections 103 and 3(5) of the B.N.S., lodged on
27.04.2025 by the informant, Gulshan Begum.
3. As per the prosecution story, the informant alleged
that while she was sitting near a mahua tree, Kalamudin abused
her and later, called his family members whereafter allegation is
that Akhatar Miya @ Akhtar Ali (petitioner) assaulted her
husband causing fracture beside hitting on the head by ‘sariya’
as a result, whereof, he became unconscious. Others also
resorted to the assault. This led to the FIR. As the story unfolds,
the husband subsequently succumbed to the injuries which led
to the incorporation of the different sections of the B.N.S.
Patna High Court CR. MISC. No.91934 of 2025(4) dt.01-05-2026
2/2
4. Learned counsel for the petitioner submits that he
has already suffered in custody since 28.04.2025. Only one
witness out of five witnesses has been examined.
5. Learned counsel for the State and as well as
informant has taken this Court to postmortem report to show
that the injury inflicted by the petitioner on the head found
recorded in the postmortem report and corroborating it submits
that fracture has been recorded.
6. Considering the allegation that has come against
the petitioner, the bail application stands rejected.
7. As the case of the petitioner has been rejected, the
trial court is requested to expedite the trial and see to it that this
rest of the witnesses have been examined and the trial is taken to
its logical conclusion.
(Rajiv Roy, J)
Ranjeet/-
U T
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