Md. Murtaza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43763 of 2026 Arising Out of PS. Case No.-408 Year-2025 Thana- NARPATGANJ District- Araria ====================================================== 1.
Md. Murtaza, aged 45 yrs (M), son of Md. Sahid 2.
Afsana Khatoon @ Bibi Afsana Khatoon, aged 40 yrs (F), Wife of Md. Murtaza 3.
Raushan Khatoon @ Raushan Ara, aged 35 yrs (F), Wife of Late Md. Mosim, All are resident of village -Singrahi, Ward No 1, Panchayat -Rewahi, Police Station -Narpatganj, District -Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-07-2026 Heard Mr. Ramesh Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Madhura Nand Jha, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Narpatganj P.S. Case No. 408 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2) and 351(3) of the BNS.
3. As per the allegation made in the FIR, petitioners along with other accused persons, had allegedly assaulted the informant and her daughters causing head injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.43763 of 2026(2) dt.08-07-2026 2/3 petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Specific allegation of assault is against petitioner no. 1. General and omnibus allegation has been levelled against petitioners no. 2 and 3. There is case and counter case between the parties. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the fact that there is direct allegation against petitioner no. 1 of having assaulted the daughter of the informant causing grievous injury on her head, I am not inclined to enlarge the petitioner no. 1 on pre-arrest bail.
7. So far as petitioners no. 2 and 3 are concerned, considering that general and omnibus allegation has been levelled against them, they are directed to be released on prearrest 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 Narpatganj P.S. Case No. 408 of 2025, subject
Patna High Court CR. MISC. No.43763 of 2026(2) dt.08-07-2026 3/3 to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners no. 2 and 3 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners no. 2 and 3 as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J) Niraj/- U T