Patna High Court
Md. Samir Hasan @ Md. SamirversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the bail application for petitioner no. 1 while dismissing the application for petitioner no. 2.
Summary
The petitioners, Md. Samir Hasan and Md. Sajjad Hussain, feared arrest in connection with PS case No.447 of 2025, which alleged offences under several sections of the Bihar Negotiable... (BNSS). They filed an application before the Patna High Court seeking bail. Counsel for the petitioners withdrew the application on behalf of petitioner no. 2, leading the court to dismiss that part of the application and direct the petitioner to surrender within six weeks. For petitioner no. 1, the court noted a general and omnibus allegation but nonetheless allowed the bail application. The court ordered that petitioner no. 1 be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS, and to surrender within four weeks. The order reflects the court’s discretion to grant bail even in the presence of non‑specific allegations.
Issues considered
- Whether bail should be granted to petitioner no. 1 despite a general and omnibus allegation.
- Whether the application for petitioner no. 2 can be withdrawn and dismissed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- general and omnibus allegation
- Section 438 CrPC
- Section 482 BNSS
- high court
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72979 of 2025
Arising Out of PS. Case No.-447 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
1. Md. Samir Hasan @ Md. Samir S/O Md. Sajjad Hussain @ Sajjad Hussain
@ Md. Sajjad R/O Vill.- Hussaina, Nagar Nigam ward no. 42 P.S.-
Sitamarhi, District- Sitamarhi
2. Md. Sajjad Hussain @ Sajjad Hussain @ Md. Sajjad S/O Md. Jahid Huzzain
R/O Vill.- Hussaina, Nagar Nigam ward no. 42 P.S.- Sitamarhi, District-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 09-03-2026 Heard the parties.
2. The petitioners apprehend their arrest in
connection with Sitamarhi P.S. Case No. 447 of 2025 registered
for the offence under Sections 126(2), 115(2), 117(2), 118(1), 74
and 3(5) of the BNS.
3. As per the prosecution case, the petitioners and
other accused are said to have assaulted the victim for a trivial
dispute.
4. Learned counsel for the petitioners, at the very
outset, prays for and is permitted to withdraw this application
filed on behalf of petitioner no. 02.
5. Accordingly, this application is dismissed as
Patna High Court CR. MISC. No.72979 of 2025(5) dt.09-03-2026
2/2
withdrawn with regard to petitioner no. 2. He is directed to
surrender within six weeks from today and pray for regular bail.
6. So far as petitioner no. 1 is concerned, there is
general and omnibus allegation against him.
7. Considering the general and omnibus allegation
levelled against the petitioner no. 01, this application is allowed
with regard to petitioner no. 1.
8. Let the petitioner no. 1, above named, in the
event of his arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Sitamarhi/concerned Court below in
connection with Sitamarhi P.S. Case No. 447 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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