Patna High Court
Mostak Nadaf @ Mohammad Mustak @ MustakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioners, finding no prima facie case to justify denial of bail.
Summary
The petitioners, a family of three, were charged in a police case for allegedly snatching Rs.25,000 and assaulting the informant and others, with multiple offences under the BNS listed. They claimed innocence, stating the allegations were driven by past enmity and that they have clean antecedents. The State opposed pre‑arrest bail, but the court examined the FIR and found the allegations against petitioners 1 and 3 to be general and omnibus, and the specific allegation against petitioner 2 not sufficiently substantiated. The judge held that a prima facie case for detention was lacking and therefore ordered pre‑arrest bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and verification of any other criminal antecedents by the district court.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the FIR alleging theft and assault.
- Whether the allegations against petitioners 1 and 3 constitute a specific case to deny bail.
- Whether the court should verify the petitioners' criminal antecedents before finalizing bail.
Subjects
- pre‑arrest bail
- criminal procedure
- theft
- assault
- prima facie case
- family dispute
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14454 of 2026
Arising Out of PS. Case No.-282 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
1. Mostak Nadaf @ Mohammad Mustak @ Mustak Son of Mohd. Mehdi
2. Golu Kumar @ Naimtulla @ Golu @ Golu Nadaf Son of Mustak @ Mostak
Nadaf @ Mohammad Mustak
3. Rabiulla @ Rabiul Haq @ Sonu Nadaf Son of Mustak @ Mostak Nadaf @
Mohammad Mustak
All are resident of Village- Shareefpu, P.S.- Nanpur, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Dwij Raj, learned counsel appearing on
behalf of the petitioners and Mr. Ganesh Prasad Singh, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Nanpur P.S. Case No. 282 / 2025 registered for the
offence(s) punishable under Sections 126(2), 127(2), 115(2),
118(1), 303(2), 352, 351(2), 109 and 3(5) of the BNS.
3. As per the allegation made in the FIR, the
petitioners along with other co-accused had snatched
Rs.25,000/- from the informant and they also assaulted, in
which, three persons including the informant were injured.
Patna High Court CR. MISC. No.14454 of 2026(2) dt.25-03-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and known to
the informant and due to past enmity, the petitioners no.1 and
his two sons, petitioners no.2 and 3 have been roped in the
present case. General and omnibus allegation has been levelled
against petitioners no.1 and 3. Allegation against petitioner no.2
is that he had snatched a sum of Rs.25,000/- from the informant.
Petitioners have clean antecedents. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, from which, it appears that the informant has
alleged that the petitioner no.2 had snatched a sum of
Rs.25,000/- from the informant and also assaulted the informant
and other persons, however, the informant had overpowered the
petitioners and grabbed the motorcycle, which was admittedly
handed over to the police. General and omnibus allegation has
been levelled against the petitioners no.1 and 3. Petitioners are
own family members and allegation as alleged in the FIR is
being not convincing, I am of the opinion that petitioners have,
Patna High Court CR. MISC. No.14454 of 2026(2) dt.25-03-2026
3/3
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Pupri at
Sitamarhi / Concerned Court in connection with Nanpur P.S.
Case No. 282 / 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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