Patna High Court
Jahir NadafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Jahir Nadaf and Md. Majar Nadaf, sought bail fearing arrest in connection with PS Madhepura Case No. 76 of 2024, which alleged offences under IPC sections 147, 323, 307, 354A, 504 and 506/34 for assault with an iron rod. They contended that the dispute stemmed from a land conflict and that the injuries were simple, arising from a "free fight" between agnates with a history of enmity, and highlighted that a co‑accused had already been granted anticipatory bail. The State opposed the bail application, emphasizing the seriousness of the charges. The Court, after weighing the simple nature of the injuries, the underlying land dispute, and the precedent of anticipatory bail, ordered that the petitioners be released on bail upon surrendering within four weeks. Bail was conditioned on a bond of Rs.10,000 each, two sureties of equal amount, and that one bailor be a close relative, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether bail should be granted to the petitioners despite charges under multiple IPC sections
- Whether the simple nature of injuries and the land dispute justify bail
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- IPC offences
- land dispute
- simple injury
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11319 of 2026
Arising Out of PS. Case No.-76 Year-2024 Thana- MADHEPURA District- Madhepura
======================================================
1. Jahir Nadaf S/o Hakim Nadaf R/o vill - Kamalpur, ward no. 4, P.S.-
Madhepura Ghailarh, Distt.- Madhepura
2. Md. Majar Nadaf S/o Late Jan Mohammad R/o vill - Kamalpur, ward no. 4,
P.S.- Madhepura Ghailarh, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 23-02-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Madhepura (Ghailarh) P.S. Case No. 76 of 2024
registered for the offences punishable under Sections 147, 323,
307, 354A, 504, 506/34 of the Indian Penal Code.
3. The allegation against the petitioners is of causing
assault to the informant and others by means of Iron rod along
with other co-accused persons.
4. Learned Advocate for the petitioners submitted that
the parties are agnates and because of some previous enmity,
they entered into a free fight, resulting into some unfortunate
injuries to the persons of both the sides. There is counter version
Patna High Court CR. MISC. No.11319 of 2026(2) dt.23-02-2026
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of the present case, being Madhepura (Ghailarh) P.S. Case No.
77 of 2022, instituted against the informant and others. The
pending land dispute is also evident from the fact that a partition
suit no. 252 of 2009 is running before the learned Civil Judge-I,
Senior Division, Madhepura between the parties. So far the
injuries, which are allegedly sustained to the injured are
concerned, all of them have been found to be simple in nature,
caused by hard and blunt substance. The petitioners bear fair
antecedent. It is further submitted that co-accused has already
granted anticipatory bail by the Co-ordinate Bench of this Court
vide order dated 03.12.2025 passed in Cr. Misc. No. 68334 of
2025.
5. On the other hand, learned APP for the State
vehemently opposes the bail application.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the factum of case and counter case, coupled with the simple
nature of injury, besides the fact that the parties are bickering
over a land dispute, let the petitioners, named above, in the
event of their arrest or surrender before the court below within
four weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of
Patna High Court CR. MISC. No.11319 of 2026(2) dt.23-02-2026
3/3
Rs.10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Madhepura in connection with Madhepura
(Ghailarh) P.S. Case No. 76 of 2024, subject to the condition as
laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close relative of the petitioners.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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