Md. Umair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77377 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Umair S/o Md. Ujair R/o Village- Sharifpur, ward no, 6, P.S- Nanpur, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

For the Informant :

Ms. Archana Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, informant, namely, Md. Sarfaraj alleged that on 27.07.2025 at about 10:30 AM, all the F.I.R. named accused persons including this petitioner, armed with iron rod, pipe, sword, came and started assaulting family members of informant due to which they sustained injuries. It is further alleged that accused persons took away Rs. 30,000/- and ornaments and also threatened with dire consequences.

Patna High Court CR. MISC. No.77377 of 2025(2) dt.16-01-2026 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Both parties are agnates and due to petty dispute, scuffle took place in which both sides sustained injuries. Allegation of assault is general and omnibus and there is no specific allegation of overt act against petitioner. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 07.10.2025 passed in Cr. Misc. No. 70088 of 2025. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate (Pupri), Sitamarhi in connection with Nanpur P. S. Case No. 306 of 2025, subject to condition as laid down under

Patna High Court CR. MISC. No.77377 of 2025(2) dt.16-01-2026 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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