Md. Pyare Rain @ Md. Pyare @ Md. Payare Rain Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Md. Pyare Rain @ Md. Pyare @ Md. Payare Rain Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner directed to be released on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway Samastipur, District Samastipur, with conditions of cooperation in trial and physical presence in the trial court on each and every fixed date, and weekly attendance at Hayaghat P.S.

Issue for consideration

Whether the petitioner, implicated in PS Case No. 295 of 2023 (Samastipur Rail P.S.) for offences under Sections 379 and 34 IPC, should be enlarged on regular bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court is inclined to enlarge the petitioner on bail and directs his release in connection with Rail GRP/SPJ/PS Case No. 295 of 2023 on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway Samastipur, District Samastipur, subject to the conditions that the petitioner cooperate in trial and remain physically present in the trial court on each and every fixed date, and mark weekly attendance at Hayaghat P.S.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Offences under Sections 379 and 34 IPC — Arising out of PS Case No. 295 of 2023, Samastipur Rail P.S., District Samastipur — Petitioner's name surfaced only in the statement of apprehended co-accused Niyaz; nothing recovered from petitioner's possession; petitioner in judicial custody since 25.09.2025 — State opposed the bail prayer citing six criminal antecedents — Court, considering facts and circumstances, enlarged petitioner on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each before learned Additional Chief Judicial Magistrate, Railway Samastipur — Conditions: cooperation in trial and physical presence in trial court on each and every fixed date; weekly attendance at Hayaghat P.S. — Oral order dated 23-02-2026 by Hon'ble Mr. Justice Ashok Kumar Pandey.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10579 of 2026

Arising Out of PS. Case No.-295 Year-2023 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur

======================================================

Md. Pyare Rain @ Md. Pyare @ Md. Payare Rain Son of Md. Irfan R/o Village - Rasalpur, P.O. and P.S.- Hayaghat, District - Darbhanga, State - Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhigyan Kumar For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 23-02-2026 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 and 34 of the IPC.

The case of the prosecution is that the informant along with his wife was going by a train. As they reached Rambadrpur, Railway Station, unknown miscreants have took away the lady’s bag and on alarm being raised, one person was apprehended who was identified as Niyaz.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the name of this

Patna High Court CR. MISC. No.10579 of 2026(2) dt.23-02-2026 2/3

petitioner has surfaced in the statement of apprehended person Niyaz. He has further submitted that save and except the statement of co-accused Niyaz, there is nothing against the petitioner. Nothing has been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 25.09.2025.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having six criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with in Rail GRP/SPJ/PS Case No. 295 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway Samastipur, District Samastipur with following conditions:-

(i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

(ii) The petitioner is also directed to mark his weekly

Patna High Court CR. MISC. No.10579 of 2026(2) dt.23-02-2026 3/3

attendance at Hayaghat P.S.

(Ashok Kumar Pandey, J)

Shubham/-

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