Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18316 of 2026 Arising Out of PS. Case No.-517 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Md. Saddam S/O Md Umar @ Jungur @ Jhungur @ Md Umar Husain R/O Village - Akbarpur Benk, P.S.- Biraul, District - Darbhanga 2.

Md. Shabir @ Shabir @ Md. Sabir @ Sabir Son of Md Umar @ Jungur @ Jhungur @ Md Umar Husain R/O Village - Akbarpur Benk, P.S.- Biraul, District - Darbhanga 3.

Abu Hanifa @ Md. Abu Hanifa Son of Md Umar @ Jungur @Jhungur @ Md Umar Husain R/O Village - Akbarpur Benk, P.S.- Biraul, District - Darbhanga 4.

Md Naz @ Md. Abudarda Son of Md Umar @ Jungur @Jhungur @ Md Umar Husain R/O Village - Akbarpur Benk, P.S.- Biraul, District - Darbhanga 5.

Abu Horera @ Md. Horaira @ Md. Hurera Son of Md Shakil @ Md. Shakeel @ Md. Sakil R/O Village - Akbarpur Benk, P.S.- Biraul, District - Darbhanga 6.

Rubana Khatoon @ Rubina Khatoon Wife of Md Shakil @ Md. Shakeel @ Md. Sakil R/O Village - Akbarpur Benk, P.S.- Biraul, District - Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratyush, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

For the Informant :

Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2026 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in Biraul P. S. Case No. 517 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(2), 117(1), 308(2), 109, 333, 324(4), 352, 351(2) of the Bharatiya Nyaya

Patna High Court CR. MISC. No.18316 of 2026(3) dt.23-07-2026 2/3 Sanhita.

3. As per F.I.R., all the named accused persons, including these petitioners, assaulted the husband of informant with iron rod, kicks, punches and sticks as a result of which he sustained multiple injuries.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. Due to petty dispute, altercation took place between the parties in which both sides sustained injuries. Allegation against petitioner nos. 2 to 6 are general and omnibus and there is no allegation of any specific overt act against them. Case and counter case. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application and submitted that there is specific accusation that petitioner no. 1 assaulted the husband of informant with iron rod as a result of which he sustained head injury.

6. Considering the specific accusation of assault, prayer for anticipatory bail of petitioner no. 1 is refused.

7. However, considering the nature of accusation and clean antecedent, the anticipatory bail with regard to petitioner nos. 2-6 is allowed and it is ordered that the above

Patna High Court CR. MISC. No.18316 of 2026(3) dt.23-07-2026 3/3 named petitioner nos. 2-6 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P. S. Case No. 517 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

8. Accordingly, the bail application stands disposed of.

(Prabhat Kumar Singh, J) Navya/- U T