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Patna High Court

Akhatar Miya @ Akhatar AliversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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