Md. Gulam Rashul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18903 of 2026 Arising Out of PS. Case No.-14 Year-2026 Thana- HAYAGHAT District- Darbhanga ====================================================== Md. Gulam Rashul S/O Irfan Khan Resident of Village- Ratanpura, P.S.- Ashok Paper Mill (A.P.M), District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No. 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard the parties.
2. The petitioner is in custody in connection with Hayaghat P.S. Case No. 14 of 2026 for the offence punishable under Sections 126(2), 115(2), 118(2), 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita lodged on 22.01.2026 by the informant, Manoj Jha.
3. As per the prosecution story, the informant alleged that his nephew, Sachin went to meet Md. Irshad on call and later, in the presence of other accused persons including Md. Irshad stabbed his nephew. He was shifted to Primary Health Centre, Hayaghat and D.M.C.H., Darbhanga. This followed the F.I.R.
4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.18903 of 2026(3) dt.13-05-2026 2/3 perusal of the F.I.R. would show that main role has been played against Md. Irshad, no role except the presence has been attributed to this petitioner. He is in custody since 23.01.2026 having no criminal record.
5. Last submission is that similar situate others namely Md. Saif and Md. Meraz have been extended relief in Cr. Misc. No. 23496 of 2026 and Cr. Misc. No. 24743 of 2026 respectively. Let the same be kept on record.
6. Learned APP opposes the prayer for bail submitting that they are named accused.
7. Taking into account the submission of the parties as also that the role has mainly been assigned to Md. Irshad, he do not have criminal antecedent, is in custody since 23.01.2026 and similar situate have been granted relief, as recorded above, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. -VI, Darbhanga, in connection with Hayaghat P.S.Case No. 14 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.18903 of 2026(3) dt.13-05-2026 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/S. Prasad U T