Dismissed¶23

Md. Raja @ Md. Aurangjeb v. The State of Bihar

Bail – refusal

Patna HC11 Feb 2026CR. MISC./76993/2025

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Case brief

AI extract

What is this about?

Patna High Court, Partha Sarthy, J, order dt. 11-02-2026 in Cr. Misc. Nos. 76993 and 77062 of 2025 (petitioners Md. Raja @ Md. Aurangjeb and Md. Salman): regular bail refused under sections 103(1), 303(2), 3(5) BNS 2023 in Sahebpur Kamal P.S. Case no.141 of 2025, Begusarai; land-dispute killing of informant's aunt (phua); both petitioners named in FIR with specific overt acts; parity argument failed as co-accused Md. Raju @ Md. Shahjahan's bail stood rejected (dt. 14.11.2025) though female co-accused Noor Saba Khatoon and Begam Khatoon were released (dt. 8.12.2025); custody since 17.07.2025; applications dismissed; trial to be expedited.

What did the court decide?

None to the petitioners; both regular bail applications rejected. The learned trial Court was directed to expedite the trial. ¶23

Md. Raja @ Md. Aurangjeb Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

None to the petitioners; both regular bail applications rejected. The learned trial Court was directed to expedite the trial.

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Issue for consideration

Whether the petitioners should be enlarged on regular bail in connection with Sahebpur Kamal P.S. Case no.141 of 2025 registered under sections 103(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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Court's answer

Regular bail refused: taking into consideration the allegation in the FIR, both petitioners having been named therein with a specific overt act alleged against them leading to the death of the informant's aunt (phua), together with the rejection of bail of co-accused Md. Raju @ Md. Shahjahan, the Court was not inclined to enlarge the petitioners on bail and rejected the applications.

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Ratio / Principle

The learned trial Court was directed to expedite the trial.

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Detailed headnote1 paragraphs

Bail - refusal - Regular bail applications under sections 103(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Sahebpur Kamal P.S. Case no.141 of 2025, Begusarai) - prosecution case of assault on the informant's aunt (phua) over a land dispute by seven named accused including the two petitioners, resulting in her death - both petitioners named in the FIR with specific overt acts alleged (per defence, one said to have caught hold of a rope, the other of the hand) - defence relied on delay in lodging the FIR (occurrence at 7 a.m., information at police station 4 k.m. away at 3.30 p.m.), post-mortem report, and bail granted to co-accused Noor Saba Khatoon and Begam Khatoon (order dt. 8.12.2025 in Cr. Misc. no.56196 of 2025) - State/informant relied on direct allegation and rejection of bail of co-accused Md. Raju @ Md. Shahjahan (order dt. 14.11.2025 in Cr. Misc. no.75958 of 2025) - petitioners in custody since 17.7.2025 - Court, considering the FIR allegations, naming of both petitioners, the specific overt act leading to death and the rejection of the co-accused's bail, declined bail and rejected the applications; trial Court directed to expedite the trial (Partha Sarthy, J; Patna High Court, 11.02.2026).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76993 of 2025

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Arising Out of PS. Case No.-141 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai

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====================================================== Md. Raja @ Md. Aurangjeb S/o- Md. Suddub @ Md. Saood @ Md. Saoob @ Sawood Resident of Village- Panchveer, P.S- Sahebpur Kamal, DistrictBegusarai Bihar

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... ... Petitioner/s Versus

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

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... ... Opposite Party/s

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with

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CRIMINAL MISCELLANEOUS No. 77062 of 2025

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Arising Out of PS. Case No.-141 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Md. Salman Son of Md. Firoj Resident of Village - Panchveer, P.S.- Sahebpur Kamal, District - Begusarai (Bihar)

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 76993 of 2025) For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate Mr. Piyush Parasar, Advocate Mr. Amrit Kumar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP (In CRIMINAL MISCELLANEOUS No. 77062 of 2025) For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate Mr. Piyush Parasar, Advocate Mr. Amrit Kumar, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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4 11-02-2026 1. Heard learned counsel for the parties.

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The petitioners have preferred this application for

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grant of regular bail in connection with Sahebpur Kamal P.S. Case no.141 of 2025 registered under sections 103(1), 303(2)

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Patna High Court CR. MISC. No.76993 of 2025(4) dt.11-02-2026 2/3

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and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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As per the prosecution case, the informant states that

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as a result of land dispute, the seven named accused persons including the two petitioners herein came and started to assault his aunt (phua). The panchayati was to take place on 17.5.2025. It is further stated that all the accused persons were found assaulting her as a result of which she died.

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Learned Senior counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case. Even as per the allegations in the FIR while Md. Raja is said to have caught hold of the rope, Md. Salman is said to have caught hold of the hand. There is no explanation for the delay in reporting the matter and lodging of the FIR and while the occurrence is said to have taken place at 7 a.m., information was given at the police station which was just 4 k.m. away at 3.30 p.m. The post-mortem report does not support the prosecution case. Learned Senior counsel has taken the Court through the averments made in paragraph nos.13, 14 and 15 of the case diary. It is further submitted that co-accused Noor Saba Khatoon and Begam Khatoon have been enlarged on bail vide order dated 8.12.2025 passed in Cr. Misc. no.56196 of 2025. The petitioners are in custody since 17.7.2025 and undertake to

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Patna High Court CR. MISC. No.76993 of 2025(4) dt.11-02-2026 3/3

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cooperate in the trial.

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The application for bail is opposed by learned A.P.P.

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for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against the petitioners in the FIR of having assaulted the aunt (phua) of the informant leading to her death. It is further submitted that the application for bail of co-accused Md. Raju @ Md. Shahjahan has been rejected vide order dated 14.11.2025 passed in Cr. Misc. no.75958 of 2025.

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Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the FIR, both the petitioners having been named therein and specific overt act having been alleged against them leading to death of aunt (phua) of the informant together with the rejection of bail of co-accused Md. Raju @ Md. Shahjahan vide aforesaid order dated 14.11.2025, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

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Learned trial Court is directed to expedite the trial.

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(Partha Sarthy, J)

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Saurabh/-

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U T

Md. Raja @ Md. Aurangjeb v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Raja @ Md. Aurangjeb v. The State of Bihar

Case brief

What is this about?

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What the court decided

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