Patna High Court
Chand Nadaf @ Md. Chand BabyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Chand Nadaf petitioned for bail in a case (Hayaghat P.S. Case No. 103 of 2023) where he was accused under IPC sections 341, 323, 308, 354, 504 and 506/34 for assault during a family feud. The FIR was lodged after a significant delay, and the allegations against him were described as omnibus. The petitioner argued that the incident stemmed from a family dispute, that the delay was unexplained, and that he has a clean antecedent. The State opposed bail, emphasizing his alleged active participation and the seriousness of injuries. The court, considering the omnibus nature of the accusation, the delay in filing the FIR, and the petitioner's fair antecedent, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted despite the seriousness of the offences and the omnibus nature of the accusation
- Whether the delay in lodging the FIR is a ground to deny bail
- Whether the petitioner's clean antecedent warrants the grant of bail
- Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, applies to the bail order
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- omnibus accusation
- delay in FIR
- family feud
- IPC offences
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91177 of 2025
Arising Out of PS. Case No.-103 Year-2023 Thana- HAYAGHAT District- Darbhanga
======================================================
Chand Nadaf @ Md. Chand Baby Son of Late Jabbar Nadaf Resident of
Village - Nayatola Hayaghat Bilashpur, P.S.- Hayaghat, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant, Adv.
For the Opposite Party/s : Mr.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Hayaghat P.S. Case No. 103 of 2023, registered for the
offences punishable under Sections 341, 323, 308, 354, 504 and
506/34 of the Indian Penal Code.
3. Allegedly, in the morning of the fateful day, while
the informant came out of her home, in the meanwhile, her elder
son started abusing. when the same was protested, it is alleged
all the FIR named accused persons, including the petitioner,
came there and started abusing and assaulting. It is specifically
alleged that co-accused Md. Rahim, who is younger son of the
informant assaulted the injured Md. Rahman over his head
whereas the daughter-in-law of the petitioner assaulted the
daughter of the informant over her head due to which she
Patna High Court CR. MISC. No.91177 of 2025(2) dt.15-01-2026
2/3
sustained head injury. There is omnibus nature of allegation
against other accused persons, including the petitioner.
4. Learned Advocate for the petitioner referring to the
FIR contended that in fact on account of a family feud, all the
family members entered into a scuffle resulting into some
unfortunate injury. Moreover, there is omnibus nature of
allegation against the petitioner and others. The alleged
incidence took place on 19.06.2023 and for the first time, the
fardbeyan was recorded on 07.07.2023 in the City Hospital and
later FIR came to be instituted on 18.07.2023 but the delay has
not been explained. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioner has also actively participated in the crime in which
two of the persons have sustained serious injuries.
6. Regard being had to the submissions made on
behalf of the parties and taking note of the omnibus nature of
accusation against the petitioner, coupled with the delay in
lodging of the FIR as well as the fair antecedent of the
petitioner, let the petitioner abovenamed be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
Patna High Court CR. MISC. No.91177 of 2025(2) dt.15-01-2026
3/3
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-VI, Darbhanga in connection
with Hayaghat P.S. Case No. 103 of 2023, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023, with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
Anjani/-
U T
Checking your session…