Patna High Court
Md. Tabrez @ TabrejversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was dismissed as the allegations, if established, do not warrant the grant of bail.
Summary
The petitioner, Md. Tabrez, sought anticipatory bail fearing arrest in a case (Mufassil P.S. Case No. 417 of 2025) filed under multiple sections of the BNS for alleged assault on the informant, Md. Sazhar. The prosecution alleged that the petitioner and others attacked the informant as he returned from work, causing grievous injuries that required hospitalization. The petitioner’s counsel argued his innocence, while the State’s counsel highlighted the seriousness of the injuries and the petitioner’s alleged criminal antecedents. The court examined the nature of the alleged assault, the severity of the injuries, and the relevance of the petitioner’s prior record. Concluding that the allegations, if proven, justified denial of bail, the court rejected the anticipatory bail application. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged assault and grievous injuries
- Whether the petitioner’s alleged criminal antecedents justify denial of bail
Subjects
- anticipatory bail
- criminal procedure
- assault
- grievous injury
- bail rejection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15275 of 2026
Arising Out of PS. Case No.-417 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Md. Tabrez @ Tabrej S/o Md. Jamil @ Md. Jamil Uddin R/o Village -
Banaudha, P.S - Mufassil Thana, District - Munger
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Mufassil P.S. Case No. 417 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 109, 303(2), 324(4), 352,
351(2) and 3(5) of the BNS lodged on 28.11.2025 by the
informant, Md. Sazhar.
3. As per the prosecution story, the informant alleged
that the accused persons including this petitioner armed
variously came and assaulted him while he was returning after
finishing his work from Nirman Hospital, Banka. He suffered
injuries and shifted to Sadar Hospital, Munger which followed
the FIR.
4. Learned counsel for the petitioner tried to impress
upon this Court regarding his innocence.
Patna High Court CR. MISC. No.15275 of 2026(2) dt.12-03-2026
2/2
5. Learned APP, Mr. Jitendra Kumar Singh submits
that not he has criminal antecedent, the injury report as observed
by the learned Sessions Judge shows that it was on the vital part
and opined to be grievous in nature, in that background, no
relied can be extended.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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