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Patna High Court

Md. Sagir @ Md Sagir NadafversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners No.1 and No.2 were granted pre‑arrest bail, while petitioner No.3 was denied bail.

Summary

The petitioners, three brothers, applied for pre‑arrest bail in a case registered under multiple sections of the Bihar Negotiable Statutes (BNS) alleging a common intention to kill and assault of an informant's family. The FIR specifically alleged that petitioner No.3 assaulted the informant's son, causing head injury, while no specific allegation was made against petitioners No.1 and No.2. Justice Purnendu Singh examined the FIR and case diary and found no direct charge against petitioners 1 and 2, granting them pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and verification of any pending criminal antecedents. Petitioner No.3 was denied bail due to the specific allegation of assault. The order directed the District Court to verify antecedents and stated that the bail order would lapse automatically if any other pending case is discovered, and the application was disposed.

Issues considered

  • Whether pre‑arrest bail should be granted to petitioners No.1 and No.2 in the absence of specific allegations against them.
  • Whether the specific allegation of assault against petitioner No.3 precludes the grant of pre‑arrest bail.

Subjects

  • pre‑arrest bail
  • criminal procedure
  • Bihar Negotiable Statutes
  • sections 126, 115, 118, 109, 191, 190, 74, 303, 352, 351
  • high court
  • bail bond
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9536 of 2026
                  Arising Out of PS. Case No.-169 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
           1.     Md. Sagir @ Md Sagir Nadaf, S/o Md. Guljar @ Guljar, Residents of
                  Village- Chausima, Ward No. 6, PS- Musrigharari, District- Samastipur
           2.    Md. Sabir @ Md. Sabir Nadaf, S/o Md. Guljar @ Guljar, Residents of
                 Village- Chausima, Ward No. 6, PS- Musrigharari, District- Samastipur
           3.     Md. Masum @ Md. Masum Nadaf, S/o Md. Mosim, Residents of Village -
                  Chausima, Ward No. 6, P.S.- Musrigharari, District- Samastipur
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Opposite Party/s :      Dr. Indiwar Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
4   07-05-2026                      No one appears on behalf of the petitioners.

                   However, Dr. Indiwar Kumari, learned APP for the State is

                   present.

                                2. The petitioners seek pre-arrest bail in connection

                   with Musrigharari P.S. Case No. 169 of 2025, registered for the

                   offence punishable under Sections 126(2), 115(2), 118, 109,

                   191(2), 190, 74, 303(2), 352 and 351(2) of the BNS.

                                3. As per the allegation made in the FIR, all the

                   accused persons including the petitioner, with a common

                   intention to kill, had brutally assaulted the informant and his

                   family members causing injury.

                                4. I have perused the allegation made in the FIR, as

                   well as, the case diary, from which, it appears that specif

                   allegation of assaulting the son of the informant causing head
            Patna High Court CR. MISC. No.9536 of 2026(4) dt.07-05-2026
                                                        2/2




                      injury is against petitioner no. 3. Accordingly, I am not inclined

                      to enlarge the petitioner no. 3 on pre-arrest bail.

                                   5. So far as petitioners no. 1 and 2 are concerned, in

                      absence of any specific allegation against them, they are

                      directed to be released on pre-arrest bail, in the event of their

                      arrest or 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 the learned District Court

                      where the case is pending, in connection with Musrigharari P.S.

                      Case No. 169 of 2025, subject to the condition as laid down

                      under Section 482(2) of the BNSS.

                                   6. The learned District Court is directed to verify

                      the criminal antecedent of the petitioners no. 1 and 2 as

                      stated in paragraph no. 3 of the bail application. If any other

                      case is pending against the petitioners no. 1 and 2 as what has

                      been stated in paragraph no. 3, this order will lose its force

                      automatically.

                                   7. Accordingly, the present application stands disposed

                      of.


                                                         (Purnendu Singh, J)
Niraj/-
U       T


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