Md. Sahrul @ Md. Mokarram @ Mokram @ Md. Sahural v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10438 of 2026 Arising Out of PS. Case No.-308 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Sahrul @ Md. Mokarram @ Mokram @ Md. Sahural S/O Md. Rahul @ Md. Rahule R/O Village- Chillmil, Ward No. 5, P.S.- Muffasil, DistrictBegusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-02-2026 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 115(2), 126(2), 351(2), 352, 3(5) and 64(1) of BNS.

3. The case of the prosecution is that the informant who is an old lady aged about 60 years has gone to ease herself. It is alleged that the petitioner pushed her and as she fell down, he has committed rape.

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 medical examination report, it is clear that the doctors have

Patna High Court CR. MISC. No.10438 of 2026(2) dt.23-02-2026 2/2 opined that on the basis of clinical examination, physical assault found over face and chest. No injury found over genitals. He has further submitted that the real fact is that there has been a scuffle between the parties but the allegation of rape is only super-addition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.09.2025.

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 Muffasil P.S. Case No. 308 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Begusarai.

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