Patna High Court

Abdul Kadir @ Abdul QadirversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that, given the minor injuries, clean antecedent and the circumstances, bail must be granted subject to the conditions of section 482(2) of the BNSS, 2023.

Summary

The petitioners, Abdul Kadir and his sons, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault, outraging modesty, and theft. The FIR alleged that on 26 September 2025 they armed themselves, assaulted the informant, stole a gold chain, and outraged the informant's wife's modesty. The petitioners contended that the case was a retaliatory "counter‑blast" to an earlier case they had filed, that the injuries were minor, and that they have a clean antecedent. The State opposed the bail application. The Court, considering the minor nature of the injuries, the petitioners' clean record, and the circumstances, ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions under section 482(2) of the BNSS, 2023.

Issues considered

Whether bail should be granted to the petitioners under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
Whether the nature of the alleged offences and the petitioners' antecedents justify denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

bail
criminal procedure
BNSS
assault
theft
counter‑case
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7794 of 2026
                    Arising Out of PS. Case No.-319 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
               ======================================================
           1 . Abdul Kadir @ Abdul Qadir S/o Late Eid Mohammad R/o vill - Loam, P.S. -

                 Sadar, Distt.- Darbhanga
           2.    Md. Abujar @ Md. Abuzar S/o Abdul Kadir @ Abdul Qadir R/o vill - Loam,

                 P.S. - Sadar, Distt.- Darbhanga
           3.    Md. Rizwan S/o Abdul Kadir @ Abdul Qadir R/o vill - Loam, P.S. - Sadar,

                 Distt.- Darbhanga
           4.    Nasarul Khatoon @ Nasarun Khatoon W/o Abdul Khadir @ Abdul Qadir

                 R/o vill - Loam, P.S. - Sadar, Distt.- Darbhanga


                                                                                ... ... Petitioner/s

                                                      Versus

                 The State of Bihar



                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s      :      Mr. Girish Chandra Jha, Advocate

                 For the Opposite Party/s :       Mr. Shailendra Kumar , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126 (2), 115

                   (2), 109, 351 (2), 352, 117 (2), 303 (2) and 3 (5) of BNS.
Patna High Court CR. MISC. No.7794 of 2026(2) dt.19-02-2026
                                            2/3




                   3 . As per F.I.R. informant alleged that on 26.09.2025 ,

          these petitioners armed variously, abused and assaulted

          informant and also outraged the modesty of wife of informant,

          took her gold chain and committed theft in the house of this

          informant.

                       4. It is submitted on behalf of the petitioners that

          present case is counter blast of Darbhanga sadar PS Case No.

          318 of 2025 which was filed by petitioner No. 1 and others

          against informant and others. Allegation of assault is general

          and omnibus against these petitioners. Injuries caused by these

          petitioners are simple in nature . Rest of the allegations are

          ornamental in nature to make the case grave . Petitioners claim

          clean antecedent.

                       5 . Learned counsel for the State oppose the bail

          petition .

                        6 Considering the nature of injury , clean antecedent

          of these petitioners and other circumstances of the case , in the

          event of arrest or surrender within eight weeks from today, let

          the petitioners, as named above, be enlarged on bail on

          furnishing bail bond of Rs.10,000/-(ten thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Chief Judicial Magistrate Darbhanga in connection with
            Patna High Court CR. MISC. No.7794 of 2026(2) dt.19-02-2026
                                                        3/3




                      Darbhanga Town P.S. Case No. 319 of 2025 , subject to the

                      conditions laid down under section 482 ( 2 ) of the Bharatiya

                      Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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