Patna High Court
Md SamirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126, 3(5), 351(3), 352
- B.N.S.S. — s. 482(2)
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
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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
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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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