Md. Mosim Nadaf @ Md. Mosim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91443 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- MUSRIGHRARI District- Samastipur ====================================================== Md. Mosim Nadaf @ Md. Mosim S/O Md. Guljar Resident of vill.- Chausima ward no.- 6, P.S- Musrigharari, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Rajendra Singh, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 04.10.2025 in connection with Musrigharari P.S. Case No. 169 of 2025, F.I.R. dated 30.09.2025 for the offences punishable under Sections 126(2), 115(2), 118, 109, 191(2), 190, 74, 303(2), 352, 351(2) of the B.N.S.
3. According to prosecution case, petitioner and other co-accused persons are alleged to have entered into the house of the informant and assaulted the informant and his family members. Petitioner is alleged to have assaulted the informant with iron rod on head due to which he sustained head injury.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91443 of 2025(2) dt.13-01-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. Although the specific allegation against the petitioner is that he had assaulted the informant on his head with iron rod but the injury sustained by the informant is found to be simple in nature caused by hard and blunt substance. The police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 04.10.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent, injury inflicted upon the informant is found to be simple in nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Mushrigharari P.S. Case No. 169 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.91443 of 2025(2) dt.13-01-2026 3/3 reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T