Salman @ Rehan @ Md. Sulman Ali @ Md. Sulman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37857 of 2026 Arising Out of PS. Case No.-329 Year-2026 Thana- SIWAN CITY District- Siwan ====================================================== Salman @ Rehan @ Md. Sulman Ali @ Md. Sulman S/o- Imran Ali Resident of vill- Nawalpur Badi Takiya Madina Maszid PS- Siwan Town Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP For the Informant :
Mr. Aatish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 24-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing for the State as well as learned counsel appearing for the informant.
2. The petitioner apprehends his arrest in connection with Siwan Town P.S. Case No. 329 of 2026 registered for offences punishable under sections 191(2), 190, 126(2), 115(2), 117(2), 109, 303(2), 352 of B.N.S, 2023.
3. As per the prosecution story which has been lodged on the basis of the written information submitted by the informant to the effect that on 23.03.2026, the informant along with his friends was returning home on two motorcycles after attending a feast near Nawalpur Karwala. When they reached near Takia Madina Masjid, Nawalpur, the accused persons
Patna High Court CR. MISC. No.37857 of 2026(3) dt.24-07-2026 2/3 named in the FIR along with 10-15 unknown persons, intercepted and surrounded them and with an intention to kill, assaulted them by means of iron rods, knives, sickles, swords and lathi-danda, causing grievous injuries to all the four persons. It is further alleged that Md. Shammi sustained compressed skull fracture and was referred for better treatment, who subsequently died while Danish Ahmad suffered fracture on his finger.
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. He further submits that the deceased died on 01.05.2026 whereas the occurrence is alleged to have taken place on 22.03.2026. He further submits that no injury report is available on record to show that the deceased died due to injury inflicted by the petitioner. Moreover, there is no specific allegation of assault against the petitioner. The petitioner is in custody since 23.03.2026.
5. Learned A.P.P appearing on behalf of the State and learned counsel appearing on behalf of the informant vehemently opposed the prayer for bail of the petitioner and submit that the petitioner is named in the FIR and he along with other accused assaulted the deceased causing him injury due to
Patna High Court CR. MISC. No.37857 of 2026(3) dt.24-07-2026 3/3 which the deceased succumbed to the injury. It has further been submitted that there is active involvement of the petitioner in the instant case and there is specific allegation against the petitioner that he along with others assaulted the deceased with iron rods, knives, sickles, swords and lathi-danda. The injury report also suggests that the deceased sustained multiple injuries due to which he died after treatment, therefore, the petitioner does not deserve bail in the said case.
6. Considering the aforesaid facts and circumstances of the case and also the fact that there is direct allegation of assault against the petitioner due to which the victim sustained head injuries as a result of which he died, which is evident from the injury report at paragraph-52 of the case diary, and the same is in corroboration of the allegation of assault, therefore, this Court is not inclined to grant the bail to the petitioner.
7. Accordingly, the prayer for grant of bail is, hereby, rejected.
(Girijish Kumar, J) dhaneshwar/- U T