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Patna High Court

Md. Tajuddin @ Teju NadafversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties and surrender within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Md. Tajuddin was charged with offences under sections 341, 323, 308, 354, 504 and 506/34 of the IPC for allegedly assaulting an informant and her family during a family feud on 19‑06‑2023. He filed a bail petition fearing arrest, contending that the FIR was lodged after an unreasonable delay of more than 15 days, that the allegations were vague and omnibus, and that he has a clean antecedent. The State opposed the bail. The Court noted the delay, the lack of specific overt act against the petitioner, the clean antecedent, and the fact that similarly situated co‑accused had already been released on bail. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to surrender within eight weeks. The petition was disposed by granting bail.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious offences alleged against him
  • Whether the delay in filing the FIR and the lack of specific allegations justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • family feud
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88981 of 2025
                    Arising Out of PS. Case No.-103 Year-2023 Thana- HAYAGHAT District- Darbhanga
                 ======================================================
                 Md. Tajuddin @ Teju Nadaf S/o Late- Jabbar Nadaf R/o Village- Nayatola

                 Hayaghat Bilashpur, P.S- Hayaghat, Dist- Darbhanga.



                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar



                                                                            ... ... Opposite Party/s

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

                 For the Petitioner/s     :      Mr. Shashi Kant , Advocate

                 For the Opposite Party/s :      Mr. Veena Kumari Jaiswal , APP

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

2   17-01-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 341, 323, 308, 354,

                   504 and 506/34 of the Indian Penal Code .

                                 3 . The prosecution case , in brief, is that informant

                   namely , Raksana Khatun alleged that this petitioner along with

                   co-accused assaulted informant and her family with lathi and

                   danda . It is further alleged that accused persons also disrobed
Patna High Court CR. MISC. No.88981 of 2025(2) dt.17-01-2026
                                            2/3




          daughter of informant.

                       4. It is submitted on behalf of the petitioners that on

          account of a family feud, all the family members entered into a

          scuffle resulting into some unfortunate injury . The alleged

          incidence took place on 19.06.2023 and the fardbeyan was

          recorded on 07.07.2023 in the City Hospital and later on , FIR

          was lodged on 18.07.2023 after the delay of about more than 15

          days for which there is no plausible explanation . Allegation is

          general and omnibus against this petitioner. No specific

          allegation of overt act is alleged against him. Petitioner claims

          clean antecedent. Similarly situated co-accused persons have

          already been granted bail by Co-ordinate Bench of this Hon’ble

          Court vide order dated 15.01.2026 in Cr. Misc. No. 91177 of

          2025 .

                       5 . Learned counsel for the State opposed the bail

          petition .

                       6 Considering the aforesaid facts, clean antecedent of

          the petitioner and other circumstances of the case , in the event

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

          petitioner, as named above, 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 the learned ACJM – VI,
            Patna High Court CR. MISC. No.88981 of 2025(2) dt.17-01-2026
                                                        3/3




                      Darbhanga in connection with Hayghat P.S. Case No. 103 of

                      2023 , subject to the conditions laid down under section 482(2)

                      of the    Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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