Rahmat Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7425 of 2026 Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Rahmat Mian, Son of Late Khalil Miya, Resident of Village - Sariswa, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103(1) and 61(2) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that while the husband of the informant was returning from a party, the petitioner along with other intercepted him on his way and one Katil Akhtar fired at the husband of the informant due to which he died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.7425 of 2026(3) dt.10-04-2026 2/3 FIR, it is clear that main thrust of allegation is against one Katil Akhtar who has fired upon the deceased. It has also been submitted that from perusal of the postmortem report, it will transpire that the doctor conducting the autopsy of the person of the deceased has found following injuries :- (i) bleeding from nose and right ear (ii) bruise on right shoulder of size 3' x 1' (iii) one lacerated wound present on the right parietal area of skull of size 1⁄2' 1⁄2' x cavity deep with inverted margin (entry wound) (iv) swelling on left parietal area of skull. The cause of death is hemorrhage due to above mentioned injuries. There is no specific overt act of firing against this petitioner. It has further been submitted that similarly situated co-accused Md. Kalam has been granted bail by this Court vide Cr. Misc. No. 13678 of 2026. Petitioner is having no criminal antecedent and he languishing in judicial custody since 19.10.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. 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 released on bail in connection with Harsidhi P.S. Case No. 708 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.7425 of 2026(3) dt.10-04-2026 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, East Champaran, Motihari.
(Ashok Kumar Pandey, J) lata/- U T