Patna High CourtCR. MISC./31317/2026rejected

Md. Ali Raza @ Md. Ali Rja v. The State Of Bihar

2026-05-12Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31317 of 2026 Arising Out of PS. Case No.-173 Year-2025 Thana- MUSRIGHRARI District- Samastipur ====================================================== Md. Ali Raza @ Md. Ali Rja S/o Md. Murtuza @ Gulam Murtuza R/o Bathua Bujurg, Ward No. 14, Sufi Muhalla, P.S.- Musrigharari, Dist.- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the State :

Mr. Arun Kumar, APP For the Informant :

Mr. Dilip Kumar Ray, Advocate :

Mr. Pradyman Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 12-05-2026 Heard Mr. Piyush Kumar Pandey, learned counsel for the petitioner, Mr. Arun Kumar, learned A.P.P. for the State and Mr. Dilip Kumar Ray, learned counsel for the Informant.

2. The petitioner seeks bail, who is in custody since 10.11.2025 in connection with Musrigharari P.S. Case No. 173 of 2025, FIR dated 03.10.2025 registered for the offence under Section 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. According to the prosecution case, on 29.09.2025 at about 09.00 P.M, the petitioner along with other co-accused persons abused informant's husband and assaulted him by means of iron rod, lathi and danda, due to which informant's husband fainted and fell on ground and later on died when he was taken to hospitals for treatment.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.31317 of 2026(2) dt.12-05-2026 2/2 submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R and the petitioner is rotting in judicial custody since 10.11.2025.

5. Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he assaulted the informant's husband due to which the deceased died during treatment and the allegation against the petitioner is also supported by the medical evidence (Post-mortem report).

6. Considering the facts and circumstances of the case as well as nature of allegation supported by medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Musrigharari P.S. Case No. 173 of 2025, pending in the Court of Additional Sessions Judge, 2nd, Samastipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T