Salman Sai @ Md. Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55841 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Salman Sai @ Md. Salman Aged about 22 Yrs, (M), 2.

Arman Sai, Age about 24 Yrs (M), Both Son of- Murad Sai, 3.

Murad Sai, Age About 48 Yrs, Male S/O- Late Heyad Sai,, 4.

Mehrun Nisha @ Mehrun Age About 45 Female, wife of- Murad Sai, All are resident of Village- Machkana, P.S.- Husainganj, District- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rambabu Yadav, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-12-2025 Heard Mr. Rambabu Yadav, learned counsel appearing on behalf of the petitioners and Mr. Ram Naresh Ray, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Husainganj P.S. Case No. 181 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 352, 109 and 3(5) of the B.N.S.

3. As per the allegation made in the FIR, petitioners along with other accused persons had assaulted the informant and his son by means of lathi, sticks and sword, with an intention to kill, due to which, informant had sustained injury on

Patna High Court CR. MISC. No.55841 of 2025(4) dt.17-12-2025 2/3 his head.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioners. Both the parties were involved in land dispute, due to which, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury to the persons of the informant, without intention. Injuries sustained by the informant side are found to be simple in nature. There is case and counter case between the parties. 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 rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioners. Both the parties were involved in land dispute, due to which, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury to the persons of the informant, without intention. Injuries sustained by the informant side are found to be simple in nature.

Patna High Court CR. MISC. No.55841 of 2025(4) dt.17-12-2025 3/3 There is case and counter case between the parties. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, 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 Husainganj P.S. Case No. 181 of 2025, subject 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 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T