Patna High Court
Md. SamsadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to Md. Samsad due to the grievous injury he caused, but granted to the other four petitioners with conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioners, five brothers, sought anticipatory bail in a case involving alleged assault, grievous injury, and outraging modesty under various sections of the Bihar Negotiable Instruments Act, 2023. The prosecution alleged that Md. Samsad inflicted a rod blow causing grievous injury, while the other four were accused only on an omnibus basis without any injury report against the victim's wife. The court noted that Md. Samsad’s act resulted in a grievous injury as recorded by the Sessions Judge and therefore denied him anticipatory bail. For the remaining petitioners, the court found no criminal antecedent and no specific injury evidence, and consequently granted anticipatory bail subject to stringent conditions under Section 438(2) of the Cr.P.C. The order also imposed monetary sureties and behavioral conditions to ensure compliance with the trial process.
Issues considered
- Whether anticipatory bail can be granted to an accused who has caused a grievous injury as per the Sessions Judge’s observation.
- Whether an omnibus allegation without specific injury evidence justifies denial of anticipatory bail.
- Whether the presence or absence of prior criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- grievous injury
- omnibus allegation
- criminal antecedent
- Section 438
- bail conditions
- assault
- outraging modesty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12935 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- KRITYANAND NAGAR District- Purnia
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1. Md. Samsad Son of late- Md. Jamhir @ Md. Jamir Resident of village-
Banbhag Futani Hat Tola, Ward No. 06, P.S- K. Nagar, District- Purnea
2. Md. Shoukat Son of Md. Samsad. Resident of village- Banbhag Futani Hat
Tola, Ward No. 06, P.S- K. Nagar, District- Purnea
3. Md. Jabir Son of Md. Mumtaz @ Md. Muntaz. Resident of village- Banbhag
Futani Hat Tola, Ward No. 06, P.S- K. Nagar, District- Purnea
4. Md. Sabir @ Shabbir Son of Md. Mumtaz @Md. Muntaz. Resident of
village- Banbhag Futani Hat Tola, Ward No. 06, P.S- K. Nagar, District-
Purnea
5. Md. Mukhtar Son of late-Md. Jamhir @ Md. Jamir Resident of village-
Banbhag Futani Hat Tola, Ward No. 06, P.S- K. Nagar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-02-2026 Heard Mr. Amit Kumar Anand, learned Counsel for
the petitioners and Mr. Jitendra Kumar Singh, learned APP for the
State.
2. The petitioners apprehend their arrest in connection
with K. Nagar P.S. Case No. 115 of 2025 for the offence registered
under sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,
76, 352 and 351(2) of the BNS, 2023.
3. As per the prosecution story, the informant alleged
that on the land dispute issue, the accused persons attacked and
Patna High Court CR. MISC. No.12935 of 2026(2) dt.26-02-2026
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assaulted. Allegation is that Md. Samsad gave rod blow to Md.
Saoib causing injury while Rasida Khatoon, his wife was assaulted
by other accused persons, they also outraged her modesty. This
followed the transfer of the injured to G.M.C.H, Purnea.
4. Learned Counsel for the petitioners submit that
omnibus allegation is against all the accused persons though he
concede that there is allegation against Md. Samsad of hitting the
informant on his head, none have criminal antecedent. He further
submits that no injury report is/are there so far as the informant’s
wife, Rasida Khatoon is concerned.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that learned Sessions
Judge order would show that the injury inflicted by Md. Samsad
on the victim has been found to be grievous in nature.
6. Considering the fact that Md. Samsad has given rod
blow to the informant and the injury has been recorded as grievous
in nature as per the observation of learned Sessions Judge, no
relief can be granted to him.
7. Accordingly, the anticipatory bail of petitioner no. 1,
Md. Samsad stands rejected.
8. So far as the others are concerned, since there is no
injury report of Rasida Khatoon, as claimed, allegation against the
petitioner nos. 2 to 5, are omnibus in nature, main role of assault
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is on petitioner no. 1, Md. Samsad, they do not have criminal
antecedent, in that background, this Court is inclined to grant
anticipatory bail to petitioner nos. 2 to 5 namely, Md. Shoukat,
Md. Jabir, Md. Sabir, Md. Mukhtar respectively with conditions.
7. Let the petitioner nos. 2 to 5 namely, Md. Shoukat,
Md. Jabir, Md. Sabir, Md. Mukhtar in the event of arrest or
surrender within a period of four weeks from the date of receipt of
the order, shall be released on anticipatory bail on furnishing bail
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Sub-Divisional
Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case
No. 115 of 2025 subject to condition as laid down under Section
438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 2 to 5 namely, Md.
Shoukat, Md. Jabir, Md. Sabir, Md. Mukhtar, who shall provide
official document (Aadhar Card, PAN Card, Driving License,
Voter ID) to show his bona fide;
(ii) the petitioner nos. 2 to 5 namely, Md. Shoukat, Md.
Jabir, Md. Sabir, Md. Mukhtar shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
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(iii) the petitioner nos. 2 to 5 namely, Md. Shoukat, Md.
Jabir, Md. Sabir, Md. Mukhtar shall appear before the concerned
police station every month for next six months to mark attendance
and at the end of the period, the certificate be submitted to the
Court;
(iv) the petitioner nos. 2 to 5 namely, Md. Shoukat, Md.
Jabir, Md. Sabir, Md. Mukhtar shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner nos. 2 to 5 namely, Md. Shoukat, Md.
Jabir, Md. Sabir, Md. Mukhtar shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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