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Patna High Court

Md. TaufiqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Taufique, was charged under several provisions of the Bharatiya Nyaya Sanhita for allegedly assaulting his agnate informant with a katta and a gamcha, causing simple injuries. He applied for anticipatory bail, asserting that the dispute was petty, both parties sustained injuries, and he has a clean antecedent. The State and the informant opposed the bail. The court considered the nature of the allegations, the petitioner’s clean record, and the circumstances of the altercation. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner must furnish a bail bond of Rs. 10,000 with two sureties and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order allows the petitioner to be released on bail pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • clean antecedent
  • agnate dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13468 of 2026
                   Arising Out of PS. Case No.-191 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Md. Taufique son of Md. Sakir @ Md. Shakir Resident Of Village- Rampur
                 Ps -Warisnagar Dist- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, A.P.P.
                 For the Informant        :       Mr. Abhay Kumar, Mr. C.K. Jha, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                   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),

                   303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner assaulted informant

                   with katta and thereafter tried to press his neck with gamcha.

                                4. Learned counsel for the petitioner submits that both

                   parties are agnates and due to petty dispute, altercation took

                   place between them in which both sides sustained injuries.

                   Allegation of assault is general and omnibus. Injury, allegedly,

                   caused by this petitioner is simple in nature. Petitioner claims

                   clean antecedent.
              Patna High Court CR. MISC. No.13468 of 2026(2) dt.27-04-2026
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                                     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, injury 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

                        Judicial Magistrate, 1st Class, Samastipur in connection with

                        Warisnagar P. S. Case No. 191 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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