Md. Rahi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16809 of 2026 Arising Out of PS. Case No.-90 Year-2025 Thana- ABADPUR District- Katihar ====================================================== 1.
Md. Rahi Son Md. Matiya @ Abdus Salam @ Abdul Salam Resident of Mathurapur, P.S.-Abadpur, District- Katihar.
2.
Md. Jahangir@ Jahangir Son of Guljar @ Guljan Resident of Mathurapur, P.S.-Abadpur, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Pramod Kumar, Advocate For the State :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 103 & 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on on 14.08.2025, husband of informant went for work near Khadda Dari River, in the meantime, co-accused Md. Matiya and other named accused persons, including these petitioners, abused and assaulted husband of informant with sticks after a dispute over Patwa. Villagers later rescued husband of informant in a
Patna High Court CR. MISC. No.16809 of 2026(2) dt.24-04-2026 2/3 severely injured condition but due to lack of money, proper treatment could not be provided and husband of informant died on 18.08.2025.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault by lathi is against co-accused Md. Matiya and there is general and omnibus nature of accusation against these petitioners. As per post mortem report, only one injury was found on the chest of the deceased. Moreover, charge-sheet has already been submitted and petitioners, having no criminal antecedents, are in custody since 06.12.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioners, the prayer for grant bail of to the petitioners is allowed.
7. Accordingly, let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.16809 of 2026(2) dt.24-04-2026 3/3 satisfaction of learned Additional Chief Judicial Magistrate-III, Katihar in connection with Abadpur P.S. Case No. 90 of 2025. (Prabhat Kumar Singh, J) shashank/- U T