Patna High Court
Md. TaukirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Md. Taukir, was implicated in a case (PS Case No. 244 of 2025) for allegedly damaging water bottles worth Rs. 8,000, with offences alleged under Sections 126(2), 115(2), 303(2), 351(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting his innocence, a clean antecedent, and that no specific overt act was attributed to him. The State opposed the bail application. The Court, after considering the nature of the accusation and the petitioner's clean record, granted anticipatory bail, directing that if arrested or surrendered within eight weeks, the petitioner must furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed the bail to be enlarged by the Chief Judicial Magistrate of Samastipur.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations under the Bharatiya Nyaya Sanhita.
- Whether the petitioner's clean antecedent and lack of specific overt act justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13329 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- KALYANPUR District- Samastipur
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Md. Taukir Son of Jasmin @ Md. Jasim @ Jasim Resident of Village
-Parushottampur PO -Kalyanpur PS -Kalyanpur District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 303(2),
351(2), 109, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner damaged water bottles
worth Rs. 8,000/- of the shop of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is against other accused persons and there is no
allegation of any specific overt act against petitioner. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
Patna High Court CR. MISC. No.13329 of 2026(2) dt.27-04-2026
2/2
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 bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Samastipur in connection with Kalyanpur P. S. Case
No. 244 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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