Created by Fuzzy Cloud

Patna High Court

Chand Nadaf @ Md. Chand BabyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.