Dismissed¶17

Akhatar Miya @ Akhatar Ali v. The State of Bihar

Patna HC1 May 2026CR. MISC./91934/2025

Case brief

AI extract

What is this about?

Bail rejected - Patna High Court, Rajiv Roy J, 01-05-2026; Cr. Misc. No.91934 of 2025; Asaon P.S. Case No. 59 of 2025, Siwan; Sections 103 and 3(5) B.N.S.; fatal assault with 'sariya', head injury and fracture corroborated by postmortem; custody since 28.04.2025; only 1 of 5 witnesses examined; direction to trial court to expedite trial and examine remaining witnesses.

What did the court decide?

The bail application was rejected in view of the allegations against the petitioner, including the head injury and fracture recorded in the postmortem report. ¶17

Akhatar Miya @ Akhatar Ali Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91934 of 2025

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Arising Out of PS. Case No.-59 Year-2025 Thana- ASANWA District- Siwan

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

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Akhatar Miya @ Akhatar Ali son of Subhan Miya Resident of village -Arakpur Barkurwa PS -Asaon District -Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sumit Kumar For the Opposite Party/s : Mr. Lalan Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 01-05-2026 Heard the parties.

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The petitioner is in custody in connection with

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Asaon P.S. Case No. 59 of 2025, for the offence punishable under Sections 103 and 3(5) of the B.N.S., lodged on 27.04.2025 by the informant, Gulshan Begum.

¶13

As per the prosecution story, the informant alleged that while she was sitting near a mahua tree, Kalamudin abused her and later, called his family members whereafter allegation is that Akhatar Miya @ Akhtar Ali (petitioner) assaulted her husband causing fracture beside hitting on the head by ‘sariya’ as a result, whereof, he became unconscious. Others also resorted to the assault. This led to the FIR. As the story unfolds, the husband subsequently succumbed to the injuries which led to the incorporation of the different sections of the B.N.S.

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Patna High Court CR. MISC. No.91934 of 2025(4) dt.01-05-2026 2/2

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Learned counsel for the petitioner submits that he has already suffered in custody since 28.04.2025. Only one witness out of five witnesses has been examined.

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Learned counsel for the State and as well as informant has taken this Court to postmortem report to show that the injury inflicted by the petitioner on the head found recorded in the postmortem report and corroborating it submits that fracture has been recorded.

¶17

Considering the allegation that has come against the petitioner, the bail application stands rejected.

¶18

As the case of the petitioner has been rejected, the trial court is requested to expedite the trial and see to it that this rest of the witnesses have been examined and the trial is taken to its logical conclusion.

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(Rajiv Roy, J)

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Ranjeet/-

¶21

U T

Akhatar Miya @ Akhatar Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akhatar Miya @ Akhatar Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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