Patna High Court
Md. Mosim Nadaf @ Md. MosimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Md. Mosim Nadaf, was arrested on 4 October 2025 in connection with a case of assault alleged to have occurred on 30 September 2025, where he is accused of striking the informant with an iron rod, causing a simple head injury. He faces charges under multiple sections of the B.N.S., including offences relating to assault, criminal intimidation, and attempt to murder. The petitioner pleaded that he has a clean antecedent and that the injury was minor, contending that he was falsely implicated. The State opposed bail, arguing the seriousness of the offences. The court, after considering the clean record and the nature of the injury, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the B.N.S.
- Whether the petitioner’s clean antecedent and the simple nature of the injury justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118, 126(2), 190, 191(2), 303(2), 351(2), 352, 74
Subjects
- bail
- assault
- criminal antecedent
- simple injury
- high court
- B.N.S.
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91443 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
Md. Mosim Nadaf @ Md. Mosim S/O Md. Guljar Resident of vill.- Chausima
ward no.- 6, P.S- Musrigharari, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Bijay Bhushan Prasad, learned counsel for
the petitioner and Mr. Rajendra Singh, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
04.10.2025 in connection with Musrigharari P.S. Case No. 169
of 2025, F.I.R. dated 30.09.2025 for the offences punishable
under Sections 126(2), 115(2), 118, 109, 191(2), 190, 74,
303(2), 352, 351(2) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have entered into the house of
the informant and assaulted the informant and his family
members. Petitioner is alleged to have assaulted the informant
with iron rod on head due to which he sustained head injury.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91443 of 2025(2) dt.13-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the specific allegation
against the petitioner is that he had assaulted the informant on
his head with iron rod but the injury sustained by the informant
is found to be simple in nature caused by hard and blunt
substance. The police after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
04.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, injury inflicted upon the
informant is found to be simple in nature, let the petitioner,
above named, be released 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 Chief Judicial Magistrate,
Samastipur in connection with Mushrigharari P.S. Case No. 169
of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
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reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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