Patna High Court
Md. Saddam @ Md. Sdam @ Md. SadamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail is to be granted only if the medical opinion confirms that the injuries are simple; otherwise the accused must surrender and seek regular bail.
Summary
The petitioners, eight accused persons, applied for pre‑arrest bail in a case registered under Sections 118(2), 126(2), 109, 76, 303(2), 351(2), 352 and 3(5) of the Bihar Penal Code, alleging they were falsely implicated in a land‑dispute‑related altercation. The FIR alleges that they assaulted the informant’s son and other family members, causing injuries. The petitioners contend that the injuries were simple, they acted in self‑defence, and they have clean antecedents. The State opposed the bail, emphasizing the seriousness of the offences. The High Court directed the District Court to obtain a medical opinion on the nature of the injuries and ordered that if the injuries are simple, the petitioners be released on pre‑arrest bail; if grievous, they must surrender and apply for regular bail, and thereafter disposed of the petition.
Issues considered
- Whether pre‑arrest bail should be granted to the accused in view of the alleged offences and the nature of injuries inflicted.
- Whether the medical assessment of injury severity (simple vs grievous) determines the bail outcome.
Subjects
- pre‑arrest bail
- criminal procedure
- self‑defence
- injury severity
- land dispute
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87053 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- BHAPTIAHI District- Supaul
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1. Md. Saddam @ Md. Sdam @ Md. Sadam S/O Md. Abbas @ Md. Avas
2. Md. Alauddin S/O Jai Mohammad @ Bantahal Miya
3. Abdul Kalam @ Abul Kalam @ Md. Klam S/O Md. Jamir
4. Md. Islam S/O Sakhawat Miya @ Md. Shkhavat
5. Md. Jamir @ Md. Jamahir S/O Late Alibaks @ Alivaks
6. Md. Majlisho @ Md. Majlish S/O Md. Isakh @ Isak
7. Md. Sahebul @ Md. Sahabul @ Sahabul S/O Md. Usman @ Md. Uslam
8. Md. Irfan @ Md. Irphan S/O Md. Abbas @ Md Avas
All are R/O Village- Hanuman Nagar, P.S- Bhaptiyahi, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Naresh Kumar Mehta, learned counsel
appearing on behalf of the petitioners and Mr. Humayou Ahmad
Khan, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Bhaptiyahi P.S. Case No. 103 of 2025 registered for the
offence(s) punishable under Sections 118(2), 126(2), 109, 76,
303(2), 351(2), 352 and 3(5), of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners with a common
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intention to kill assaulted the son of the informant, causing
injuries. Further allegation is that when the informant and his
family members came in his rescue, the accused persons also
assaulted them, causing injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. There is case and
counter case between the parties arising out of land dispute, an
altercation took place and both the sides entered into fierce fight
and in the self-defence, petitioners may have caused some injury
on the persons of the informant’s son, informant and his family
members without intention. The injury sustained by the injured
persons is found to be simple in nature. Petitioners have clean
antecedents.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the
allegation made in the FIR, the learned District Court is
directed to call for the final opinion of the doctor
in respect of the injury sustained by the injured persons
and if it is found that the same is simple in nature, then in
Patna High Court CR. MISC. No.87053 of 2025(2) dt.28-01-2026
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that case, the petitioners, above named, are directed to be
released on pre-arrest bail, in connection with Bhaptiyahi P.S.
Case No. 103 of 2025 on such terms and conditions as the
learned District Court deems it fit and proper.
7. In case, the injury sustained by the informant
and his family members is grievous in nature, then in that
case, the petitioners are directed to surrender and seek
regular bail before the learned district court, which shall be
preferably considered by the learned District Court on the same
day.
8. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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