Patna High Court
Md. Samru @ SamruversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as they have made out a prima facie case for release.
Summary
The petitioners, Md. Samru, Md. Asif and Md. Pocha, were named in an FIR for allegedly creating a ruckus at a police station, assaulting police personnel and pressurising them to release a detainee, along with 50‑60 unknown persons. They contended that the FIR did not specifically allege any overt act by them and pointed out that similarly situated co‑accused had already been granted pre‑arrest bail by other benches of the same court. The State opposed the bail on the ground of the seriousness of the offences listed under various sections of the Indian Penal Code. After considering the FIR, the lack of specific incrimination against the petitioners and the precedent of bail to co‑accused, the court held that the petitioners had made out a prima facie case for pre‑arrest bail. Accordingly, the court ordered their release on pre‑arrest bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and verification of their criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite being named in an FIR for offences under Sections 191(2), 190, 132, 115(2), 109, 49, 54, 324(4), 352 and 351(2)(3) of the Indian Penal Code.
- Whether the lack of specific allegation of overt act against the petitioners warrants the grant of bail.
- Whether the precedent of bail granted to similarly situated co‑accused influences the decision.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 132, 190, 191(2), 324(4), 351(2)(3), 352, 482(2), 49, 54
Subjects
- pre‑arrest bail
- section 482
- Indian Penal Code
- public order offences
- police assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91073 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar
======================================================
1. Md. Samru @ Samru S/O Late Abdul Salam @ Salam
2. Md. Asif @Asif Son of Sohrab Ali @ Belai
Both are Resident of village- Khidki Tola, Jokalbari, P.S. Kachna, District-
Katihar.
3. Md. Pocha @ Md. Pacha Son of Late Kalthu @ Dabiruddin Resident of
village- Bighor Haat. P.S. Kachna.,District-Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Tahmeed Helal, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Md. Tahmeed Helal, learned counsel
appearing on behalf of the petitioners and Mr. Ram Anurag
Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Kachna P.S. Case No. 59/2025 registered for the offence(s)
punishable under Sections 191(2), 190, 132, 115(2), 109, 49, 54,
324(4), 352 and 351(2)(3) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named in the FIR including 50-60 unknown persons
created rucks in the premise of the police station and pressurized
the police personnel to release one Md. Sultan, who was taken
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into custody in connection with a case. The accused persons
assaulted the police personnel, causing injury to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that besides the omnibus nature of
allegation against 25 named accused, as well as, 50-60 unknown
persons, there is no specific accusation against the petitioners of
causing any overt act. Similarly situated co-accused persons
have also been granted pre-arrest bail by different co-ordinate
Benches of this Court vide order dated 23.12.2025 passed in Cr.
Misc. No.84301 of 2025 and order dated 03.02.2026 passed in
Cr. Misc. No.85907 of 2025.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well, having perused the allegation made in the
FIR and also the fact that similarly situated co-accused persons
have already been granted pre-arrest bail by different co-
ordinate Benches of this Court, I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
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3/3
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate- 1st, Katihar / Concerned Court in
connection with Kachna P.S. Case No. 59/2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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