Md. Samtaz @ Samtaz Ali @ Santaz Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77469 of 2025 Arising Out of PS. Case No.-476 Year-2025 Thana- MADHAURAH District- Saran ====================================================== 1.
Md. Samtaz @ Samtaz Ali @ Santaz Ali S/O Vakil Miya @ Vakil Ahmad @ Vakaul Miya Resident of Vill.- Nipania, P.S.- Isuapur, Dist.- Saran 2.
Munna Khatun @ Mehru Nisha Khatun @ Nehru Nisha Khatun W/O Vakil Miya @ Vakil Ahmad @ Vakaul Miya Resident of Vill.- Nipania, P.S.- Isuapur, Dist.- Saran 3.
Md Mumtaj @ Md. Mumtaj Ali @ Mumtaj Ali S/O Vakil Miya @ Vakil Ahmad @ Vakaul Miya Resident of Vill.- Nipania, P.S.- Isuapur, Dist.- Saran 4.
Rajia Khatun D/O Vakil Miya @ Vakil Ahmad @ Vakaul Miya Resident of Vill.- Nipania, P.S.- Isuapur, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Dhiraj Kumar Singh, Advocate For the State :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, in the background of some domestic dispute, all the F.I.R. named accused persons, including these petitioners, assaulted the informant with knife causing a number of injuries to him.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.77469 of 2025(2) dt.11-12-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of petty dispute, simple scuffle took place between the parties in which both sides sustained injuries. There is case and countercase. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Vakil Miya and Chhote Babu, who have already been granted regular bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 21.11.2025 passed in Cr. Misc. No. 75046 of 2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.77469 of 2025(2) dt.11-12-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Marhowrah P.S. Case No. 476 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T