Patna High Court
Tahid Ansari @ Raja Babu @ Tauhid AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail cannot be granted where the petitioner is alleged to have caused a grievous injury, as the seriousness of the offence precludes the privilege.
Summary
The petitioner, Tahid Ansari, sought anticipatory bail fearing arrest in a case (PS No.184/2025) involving multiple IPC offences including assault and grievous hurt. The FIR alleged that he had struck Nawab Ali, causing a grievous injury. The prosecution highlighted the seriousness of the offences and the nature of the injuries recorded as grievous. The petitioner contended that only the charge of striking Nawab Ali was assigned to him. The Court examined the allegations, the severity of the injury, and the applicable sections of the IPC, and concluded that the circumstances did not merit the grant of anticipatory bail. Consequently, the Court rejected the anticipatory bail application. The judgment also noted appreciation for the petitioner’s counsel.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged grievous injury caused to Nawab Ali under the IPC provisions.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(3), 324(4), 351(2), 352, 91(2)
Subjects
- anticipatory bail
- grievous hurt
- Indian Penal Code
- criminal procedure
- bail jurisdiction
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17333 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Tahid Ansari @ Raja Babu @ Tauhid Ansari S/o Jakir Hussain R/o Village-
Radhiya, Rai Tola, P.S.- Govindganj, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Irfanul Haque, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Md. Irfanul Haque, learned counsel for the
petitioner and Mr.Aditya Narayan Singh-1, learned APP for the State.
2. The petitioner is apprehending arrest in connection with
Govindganj P.S Case No-184/2025 instituted under Sections 91(2),
191(3), 190,126(2), 115(2), 118(1), 117(2), 109, 324(4), 352, 351(2)
lodged on 20.07.2025 by the informant, Mofeez Ansari.
3. As per the prosecution story, the informant alleged that
on 18.07.2025, the accused persons armed variously came and the
allegation is that Hasimuddin Ansari assaulted Irfan Ansari by Farsa
on head whereas Akhlaqur Rahman assaulted Ambiya Khatoon on
her head beside Tahid Anshari (the petitioner herein) gave blow on
the head of the Nawab Ali.
4. The allegation is that thereafter, the accused persons
resorted to indiscriminate beating and this led to the FIR.
5. Learned counsel for the petitioner submits that only
role against him has been assigned that he gave blow to Nawab Ali.
6. Learned APP, Mr.Aditya Narayan Singh has taken this
Patna High Court CR. MISC. No.17333 of 2026(2) dt.25-03-2026
2/2
Court to the learned Sessions Judge order to show that beside the
injured persons whose nature of injury has been recorded as
grievous, in the case of Nawab Ali also, it has been recorded that the
injury is grievous in nature.
7. Considering the submissions of the parties as also the
nature of injury that has come against this petitioner, this Court is
not inclined to extend him the privilege of anticipatory bail.
8. Accordingly, the anticipatory bail application stands
rejected.
9. Before parting, this Court would like to put on record
its word of appreciation for Md. Irfanul Haque, learned counsel for
the petitioner for the proper assistance rendered by him.
(Rajiv Roy, J)
Ravi/-
U T
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