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Patna High CourtCR. MISC./25250/2026bail granted

Md. Rahish v. The State Of Bihar

2026-05-13Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25250 of 2026 Arising Out of PS. Case No.-360 Year-2025 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Rahish S/o- Mohammad Kadir Resident of village-Bakerganj Abhanda PS- Laheriasarai, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N A Shamsi, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-05-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for bail in connection with Bahadurpur P.S Case No. 360 of 2025 F.I.R dated 20.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 352 and 3(5) of BNS.

3. As per the prosecution case, on 11.07.2025, the informant and his friend were surrounded and assaulted by six accused persons who were on two motorcycles. It is alleged that thereafter the informant was taken away by Md. Rahish. Under Rahish'

s direction, his friend brought a pistol and thereafter Rahish's brother stabbed the informant twice in the stomach

Patna High Court CR. MISC. No.25250 of 2026(3) dt.13-05-2026 2/3 with a dagger. The accused then fled the scene, leaving the informant with grievous injuries.

4. Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and has falsely been implicated in this case. Counsel for the petitioner by referring to allegations made in FIR submits that it is not the petitioner who had caused the injury rather the brother of the petitioner, namely, Md. Faizan is said to have caused injury with the dagger by giving mighty blow to the informant. In this case, the case diary was called for and by referring to para 5, it is submitted that name of Md. Faizan has surfaced during course of investigation that the injury was caused by Md. Faizan. Petitioner is in languishing in judicial custody since 24.02.2026. Moreover, a statement has been made in para 3 that the petitioner has one criminal antecedent in which he is on bail.

5. Learned Additional Public Prosecutor for the State opposes the prayer for regular bail.

6. Considering the facts and circumstances and that the petitioner is in custody since 24.02.2026, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned ACJM-IX, Darbhanga in connection with

Patna High Court CR. MISC. No.25250 of 2026(3) dt.13-05-2026 3/3 Bahadurpur P.S Case No. 360 of 2025, subject to the condition that the petitioner shall co-operate in the investigation/trial. Abhishek/- (Ajit Kumar, J) U T