Patna High Court
Md. UmairversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner because the allegations were general, the petitioner had a clean antecedent, and the Court exercised its inherent powers under Section 482(2) to prevent undue arrest.
Summary
The petitioner, Md. Umair, faced arrest in a case alleging multiple offences under the Bharatiya Nyaya Sanhita, based on an FIR that claimed he and others assaulted the informant’s family, stole money and ornaments, and issued threats. The informant, Md. Sarfaraj, alleged that the accused were armed with iron rods, pipes and swords and attacked on 27 July 2025. The petitioner contended that he was innocent, that the incident was a petty family scuffle between agnates, and that the allegations were vague and not specifically directed at him. He also pointed out his clean antecedent and that co‑accused in similar circumstances had already been granted anticipatory bail in a prior order dated 7 October 2025. The State and the informant opposed the bail, but the Court, considering the nature of the accusations, the petitioner’s clean record, and the precedent, allowed anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the allegations in the FIR constitute a specific charge against the petitioner sufficient to deny bail
- Whether the precedent of granting anticipatory bail to co‑accused in a similar case is applicable
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- criminal procedure
- assault
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77377 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
Md. Umair S/o Md. Ujair R/o Village- Sharifpur, ward no, 6, P.S- Nanpur,
Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P.
For the Informant : Ms. Archana Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per prosecution case, informant, namely, Md.
Sarfaraj alleged that on 27.07.2025 at about 10:30 AM, all the
F.I.R. named accused persons including this petitioner, armed
with iron rod, pipe, sword, came and started assaulting family
members of informant due to which they sustained injuries. It is
further alleged that accused persons took away Rs. 30,000/- and
ornaments and also threatened with dire consequences.
Patna High Court CR. MISC. No.77377 of 2025(2) dt.16-01-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Both
parties are agnates and due to petty dispute, scuffle took place in
which both sides sustained injuries. Allegation of assault is
general and omnibus and there is no specific allegation of overt
act against petitioner. It is further submitted that similarly
situated co-accused persons have already been granted
anticipatory bail by this Hon’ble Court vide order dated
07.10.2025 passed in Cr. Misc. No. 70088 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate (Pupri), Sitamarhi in connection with Nanpur P. S.
Case No. 306 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.77377 of 2025(2) dt.16-01-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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