Rabiul Islam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50918 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- DIGHALBANK District- Kishanganj ====================================================== Rabiul Islam S/o Tohar Ali @ Johar Ali R/o Vill- Mohmari, Ward no. 1, Thana- Dighalbank, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Dighalbank P.S. Case No. 84 of 2025 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 74, 117(2), 109(1), 351(2), 352, 118(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on 03.05.2028 at about 9:00 P.M., the accused persons including the petitioner assaulted the informant and her husband with a rod and bricks, and also kicked her pregnant daughters, causing serious injuries. The injured were thereafter taken to P.H.C. Tappu and referred
Patna High Court CR. MISC. No.50918 of 2025(3) dt.14-10-2025 2/3 to Sadar Hospital, Kishanganj for treatment.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that there is no repetition made by the petitioner and, as such, no offence under Section 109(1) of the BNS is made out. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2025 and has two criminal antecedents. Several co-accused persons have already been granted anticipatory bail by this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 50673 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.50918 of 2025(3) dt.14-10-2025 3/3 below/concerned Court in connection with Dighalbank P.S. Case No. 84 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T