Dismissed¶¶22

Md. Haider v. The State of Bihar

Patna HC21 Jan 2026CR. MISC./80543/2025

Case brief

AI extract

What is this about?

Regular bail rejected — alleged murder by iron-rod assault causing fatal head injury; Kachna P.S. Case No. 41 of 2025, Thana Kachna, District Katihar; offences under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 351(2)(3) and 3(5) of B.N.S., 2023; chargesheet filed and charge framed; petitioners Md. Haider (in custody since 25.08.2025) and Chulka @ Aslam (since 30.07.2025); no criminal antecedent; no earlier bail application; trial to be concluded within one year with liberty to renew bail prayer; Patna High Court, Jitendra Kumar, J., 21-01-2026; connected with Criminal Miscellaneous No. 83114 of 2025.

What did the court decide?

Bail rejected; Trial Court directed to expedite and conclude the trial within one year, failing which the petitioners may renew their regular-bail prayer. ¶¶22

Md. Haider Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail rejected; Trial Court directed to expedite and conclude the trial within one year, failing which the petitioners may renew their regular-bail prayer.

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Issue for consideration

Whether the petitioners are entitled to be enlarged on regular bail in connection with Kachna P.S. Case No. 41 of 2025.

¶¶11

Court's answer

Regular bail refused to both petitioners, the direct allegation that their assault by iron rod caused the head injury resulting in the victim's death outweighing the defence submissions.

¶¶22

Ratio / Principle

Trial Court directed to expedite the trial and conclude it within one year, failing which the petitioners have liberty to renew their prayer for regular bail.

¶¶23

Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J.), by order dated 21-01-2026, rejected the regular-bail applications of Md. Haider and Chulka @ Aslam in connection with Kachna P.S. Case No. 41 of 2025 (Thana Kachna, District Katihar), registered under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 351(2)(3) and 3(5) of B.N.S., 2023, arising out of an alleged armed assault by nine accused persons on the informant's father, who died. The specific allegation against the petitioners was that they beat the victim with an iron rod, causing a serious head injury resulting in death. Counsel urged innocence, the asserted inconsistency of the post-mortem injuries (one lacerated wound on the occipital region, shoulder swelling, thigh bruise) with an iron-rod assault, submission of the chargesheet and framing of charge, custody since 25.08.2025 and 30.07.2025 respectively, absence of criminal antecedent, and that no earlier bail application had been moved; the APP opposed, citing the direct allegation of fatal iron-rod assault. Holding that the direct allegation of causing the fatal head injury weighed against release, the Court rejected bail but directed the Trial Court to expedite and conclude the trial within one year, failing which the petitioners may renew their bail prayer. Matter connected with Criminal Miscellaneous No. 83114 of 2025.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80543 of 2025

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Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar

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====================================================== Md. Haider Son of Majiful Haque @ Majiful R/V-Guagaon, P.S.- Kachna, Distt-Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶8

====================================================== with CRIMINAL MISCELLANEOUS No. 83114 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar ====================================================== Chulka @ Aslam S/o Saiful @ Saiful Haque R/O - Gownua Gaon, P.S.Kachna, District - Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 80543 of 2025) For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate Md. Jawahar Hussain, Advocate Mrs. Shrishti Rani, Advocate For the State : Mr. Tapeshwar Sharma, APP (In CRIMINAL MISCELLANEOUS No. 83114 of 2025) For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate Md. Jawahar Hussain, Advocate Mrs. Shrishti Rani, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 21-01-2026 Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners seek bail in connection with Kachna P.S. Case No. 41 of 2025 dated 08.07.2025, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2),

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Patna High Court CR. MISC. No.80543 of 2025(3) dt.21-01-2026 2/3

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118(1), 117(2), 109, 76, 303(2), 352, 351(2)(3) and 3(5) of B.N.S., 2023.

¶14

As per allegation, nine accused persons including the petitioners came over the land of the informant armed with lathi, danda and iron rod and started beating the father of the informant, who subsequently died. The specific allegation against the petitioners is that they have beaten the victim by iron rod, resulting into the serious injury into the head which resulted into his death.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that as per the allegation, both the petitioners have assaulted the deceased with iron rod, but as per the post-mortem report, there is only one lacerated wound on the occipital region of the deceased and one swelling on the shoulder and bruise on thigh which could not be caused by assault by iron rod. He further submits that not only chargesheet has been submitted, but also charge has been framed in this case.

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He further submits that the petitioner No. 1/Md. Haider and petitioner No. 2/Chulka @ Aslam have been languishing in jail since 25.08.2025 and 30.07.2025,

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Patna High Court CR. MISC. No.80543 of 2025(3) dt.21-01-2026 3/3

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respectively.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioners have no criminal antecedent.

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It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one.

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However, learned APP for the State vehemently opposes the prayer of the petitioners for bail submitting that there is direct allegation of assault by the petitioners by iron rod which resulted into the death of the deceased and hence, they do not deserve the privilege of regular bail.

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Considering the aforesaid facts and circumstances, particularly the direct allegation of causing injury on the head which resulted into the death of the victim, I am not persuaded to enlarge the petitioners on regular bail and accordingly, it is rejected.

¶23

However, learned Trial Court is directed to expedite the trial and conclude the same within a year, failing which the petitioners have liberty to renew their prayer for regular bail.

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(Jitendra Kumar, J)

Md. Haider v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Haider v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Parties & counsel

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