Patna High Court

Samsuddin @ Md Shamsuddin @ Md. Samsuddin HaqueversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners, directing them to furnish bail bonds with sureties.

Summary

The petitioners, Samsuddin and Saidul Haque, were arrested in connection with a Pothia police case alleging assault on an informant and his family under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, on Samsuddin's instigation, attacked the informant with lathi, knife and iron rod, causing serious injuries. The petitioners contended that they were falsely implicated, that the allegations were omnibus, and highlighted Samsuddin's advanced age and health ailments, as well as the relatively short period of custody since 7 October 2025. The State opposed bail, citing the nature of the offences. The Court, considering the facts, the petitioners' health, and the custody period, decided to grant bail, directing each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioners despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
Whether the petitioners' age, health condition, and period of custody justify bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5)

Subjects

bail
criminal procedure
assault
Bharatiya Nyaya Sanhita
health considerations
custody period

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86130 of 2025
                     Arising Out of PS. Case No.-111 Year-2025 Thana- POTHIYA District- Kishanganj
                 ======================================================
           1.     Samsuddin @ Md Shamsuddin @ Md. Samsuddin Haque S/O Late Lalajan
                  Sekh Resident of Village- Mirjapur, P.S.- Pothia, District- Kishanganj.

           2.    Saidul Haque S/O Samsuddin @ Md. Shamsuddin @ Md. Samsuddin Haque
                 Resident of Village- Mirjapur, P.S.- Pothia, District- Kishanganj.


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amal Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   21-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Pothia

                   P.S. Case No. 111 of 2025 instituted for the offences under

                   Sections 126(2), 115(2), 118(1), 117(2), 109(1), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution story, in short, is that while the

                   informant was working on his land, the petitioners and co-

                   accused, allegedly on the instigation of Samsuddin, i.e.

                   petitioner no. 1, surrounded and assaulted him and his family
Patna High Court CR. MISC. No.86130 of 2025(3) dt.21-01-2026
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          members with lathi, knife and iron rod, causing head injuries

          and fracture to the daughter-in-law.

                      4. Learned counsel for the petitioners submitted that

          petitioners have falsely been implicated in the present case.

          Learned counsel for the petitioners submits that general and

          omnibus allegation has been made against these petitioners.

          Learned counsel further submitted that the only role of the

          petitioner no. 1 is of order giver and so far as petitioner no. 2 is

          concerned, he is said to have assaulted the wife of the

          informant. He further contended that the injury sustained by the

          informant’s wife is simple in nature. He further submitted that

          petitioner no. 1 is an old man, aged about 90 years and suffering

          from several old age ailments. It has been submitted on behalf

          of the petitioners that the petitioners are in custody since

          07.10.2025 and have one criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
           Patna High Court CR. MISC. No.86130 of 2025(3) dt.21-01-2026
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                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pothia P.S. Case No.

                     111 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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