Patna High Court
Md. Sagir @ Md Sagir NadafversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
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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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