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Patna High Court

Md. Jakir NadafversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered the release of the petitioner on pre‑arrest bail subject to specified conditions.

Summary

The petitioner, Md. Jakir Nadaf, was charged under IPC sections 147, 323, 307, 354A, 504 and 506/34 for allegedly assaulting an informant and her family with lathi‑danda with an intention to kill. The petitioner applied for pre‑arrest bail, arguing that the injuries inflicted were simple in nature. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions and the nature of the injuries, granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties, a four‑week surrender period, and verification of the petitioner’s criminal antecedents. The order is conditioned on Section 482(2) of the BNSS 2023 and will lapse if antecedents are found.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving offences under Sections 147, 323, 307, 354A, 504 and 506/34 of the IPC
  • Whether the simplicity of the injuries justifies bail despite the alleged intent to kill
  • Whether conditions under Section 482(2) of the BNSS 2023 are applicable

Legislation cited

Subjects

  • pre‑arrest bail
  • Indian Penal Code
  • assault
  • simple injuries
  • Section 482
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25385 of 2026
                   Arising Out of PS. Case No.-76 Year-2024 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Md. Jakir Nadaf S/o Aoojir Nadaf R/o Village - Kamalpur, Ward No. 4, P.S -
                 Madhepura, Ghailarh, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms.Pooja Prasad, Advocate
                 For the Opposite Party/s :     Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail 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. As per the allegation made in the FIR, the petitioner

                   with an intention to kill along co-accused persons had assaulted

                   the informant and her other family members with lathi-danda,

                   rod etc., as a result, they sustained injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the injuries sustained by the injured

                   are simple in nature.

                                5. Learned APP for the State vehemently opposed the
            Patna High Court CR. MISC. No.25385 of 2026(2) dt.22-04-2026
                                                         2/2




                      prayer for grant of pre-arrest bail to the petitioner.

                                   6. Having heard the rival submissions made on behalf

                      of the parties, as well as, considering the fact that the injuries

                      sustained by the injured are simple in nature, the petitioner is

                      directed to be released on pre-arrest bail, in the event of his

                      arrest or surrender before the learned district court within a

                      period of four weeks from today, on furnishing bail bond of

                      Rs.10,000/- (Ten Thousand)               with two sureties of the like

                      amount       each      to    the     satisfaction    of   learned   CJM,

                      Madhepura/concerned court, in connection with Madhepura

                      (Ghailarh) P.S.Case No.76/2024 subject to conditions as laid

                      down under Section 482(2) of BNSS of 2023

                                   7. The learned district court is directed to verify the

                      criminal antecedent of the petitioner and if it is found that the

                      petitioner is 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)
chn/-

U       T


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