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Patna High Court

Md SamirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioners be released on bail subject to the stipulated conditions.

Summary

The petitioners, three brothers, sought bail fearing arrest in connection with a police case alleging assault under several sections of the B.N.S., 2023. The incident involved a dispute over a parked motorcycle, leading to an assault on the informant with lathis and fists. The petitioners argued that there exists a case and counter‑case, that an amicable settlement was reached, co‑accused have already been bailed, and they have no prior criminal record. The State opposed the bail. The Court, noting the settlement and the presence of a case‑and‑counter‑case, granted bail subject to a Rs.10,000 bond, two sureties, verification of criminal antecedents, and compliance with Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail can be granted in a case where a settlement and case‑and‑counter‑case exist
  • Whether the petitioners' lack of criminal antecedent justifies bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • case and counter case
  • settlement
  • criminal antecedent
  • assault
  • Section 482
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24437 of 2026
                      Arising Out of PS. Case No.-80 Year-2025 Thana- Manikpur District- Lakhisarai
                 ======================================================
           1.     Md Samir Son of Md. Bablu @ Razi Ahmad R/O Village- Haldi, P.S.-
                  Manikpur, Distt.- Lakhisarai
           2.    Md. Aajad @ Md. Azaz Son of Md. Bablu @ Razi Ahmad R/O Village-
                 Haldi, P.S.- Manikpur, Distt.- Lakhisarai
           3.    Md. Bablu @ Razi Ahmad Son of Md. Hado @ Md. Hadikuddin R/O
                 Village- Haldi, P.S.- Manikpur, Distt.- Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Parmanand Pd. Nr. Sahi, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   16-04-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Manikpur P.S. Case No.80 of 2025, for allegedly having

                   committed offences under Sections 126, 115(2), 117(2), 109(1),

                   352, 351(3) and 3(5) of the B.N.S., 2023.

                                3. As per the written report submitted by the

                   informant, on 19.07.2025 at about 09:00 p.m., while he was

                   returning after offering Namaz, he saw a motorcycle parked

                   near his house, which belonged to Md. Meraz. When the

                   informant requested him to remove the said motorcycle, Md.
Patna High Court CR. MISC. No.24437 of 2026(2) dt.16-04-2026
                                            2/3




          Meraz called his other associates, including the petitioners and

          all of them started assaulting the informant. The petitioners are

          said to have assaulted with Lathi while the other accused

          persons assaulted the informant with fists and slaps.

                       4. The learned counsel for the petitioners submits that

          there is case and counter case in between the parties for the

          same occurrence. Manikpur P.S. Case No.81 of 2025 was also

          lodged against the informant and his family members by the

          accused side and finally amicable settlement has been reached

          in between the parties, for which a compromise petition has

          already been filed before the court of the learned District &

          Sessions Judge, Lakhisarai. It is further submitted that other co-

          accused persons have been granted bail by the learned court

          below itself. The injuries sustained by the informant is on nose.

          It is also submitted that the petitioners have got no criminal

          antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail of the petitioners.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it transpires that there is

          case and counter case in between the parties and the parties have

          compromised the case in between them. The injuries sustained
               Patna High Court CR. MISC. No.24437 of 2026(2) dt.16-04-2026
                                                           3/3




                         by the informant is on nose.

                                      7. Taking into consideration the facts aforesaid, let the

                         petitioners, above-named, in the event of their arrest or

                         surrender within a period of six weeks, be released on bail on

                         furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                         each with two sureties of the like amount each to the satisfaction

                         of the learned Additional Chief Judicial Magistrate-IInd,

                         Lakhisarai in connection with Manikpur P.S. Case No.80 of

                         2025, subject to the conditions laid down under Section 482(2)

                         of the B.N.S.S. with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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