Md. Kosher @ Md. Kaushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12260 of 2026 Arising Out of PS. Case No.-234 Year-2025 Thana- GOGRI District- Khagaria ====================================================== Md. Kosher @ Md. Kaushar S/O Md. Taiyab Village - Chhoti Malia, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Prakash For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2026 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 191(2), 191(3) & 103(1) of the BNS.

3. The case of the prosecution, in short, is that the petitioner along with 15 others assaulted the brother of the informant with khanti & brick and fled away. The injured was brought to referral hospital from where he was referred to Begusarai and he died on the way to Begusarai.

4. Learned counsel for the petitioner submits that in this case altogether there are 16 accused persons including the petitioner. Learned counsel for the petitioner has further submitted that the allegation levelled against the petitioner are general and omnibus and from perusal of the post-mortem report it also transpires that the deceased has received bruise and abrasion which are four in number and the Doctor conducting

Patna High Court CR. MISC. No.12260 of 2026(3) dt.27-04-2026 2/2 the autopsy of the deceased has opined that cause of death is haemorrhage and shock leading to Cardio Respiratory Failure (CRF). Learned counsel for the petitioner has submitted that from perusal of the ante-mortem injuries it appears that all the injuries are superficial in nature and moreover the allegation is general and omnibus. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 12.09.2025.

5. Learned APP for the State has vehemently opposed the 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 Gogri P.S. Case No. 234 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 Chief Judicial Magistrate, Khagaria/concerned Court below.

(Sandeep Kumar, J) Vikas/- U