Patna High Court
Md. Tamanne @ Md Tamanne MansooriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to petitioner No.1 and denied to petitioner No.2.
Summary
The petitioners, Md. Tamanne and Md. Raja, applied for anticipatory bail after a FIR alleged that they, along with others, attacked an informant’s house with deadly weapons, looted valuables and that petitioner No.2 assaulted the informant with a sword causing grievous injury. The petitioners claimed innocence, arguing the case stemmed from a long‑standing land dispute and was filed after an unreasonable four‑day delay, rendering the prosecution’s case doubtful. The State and the informant opposed bail, highlighting the specific accusation against petitioner No.2, his alleged use of a sword, the grievous injury, and the petitioners’ prior criminal antecedents. The court noted the specific and direct nature of the accusation against petitioner No.2 and rejected his anticipatory bail, while finding the accusation against petitioner No.1 to be general, the FIR delayed, and therefore granted him anticipatory bail subject to Section 482(2) conditions. The order directed that petitioner No.1 be released on bail upon furnishing a bond of Rs 10,000 with two sureties, and the application was disposed of.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 given the general nature of accusations and delay in filing the FIR.
- Whether anticipatory bail should be granted to petitioner No.2 in view of specific allegations, prior criminal antecedents, and alleged grievous injury caused.
Legislation cited
- B.N.S. — s. 115(2), 118(1), 126(2), 303(2), 3(5), 482(2), 76
Subjects
- anticipatory bail
- Section 482
- criminal antecedents
- grievous injury
- false FIR
- land dispute
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19623 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
1. Md. Tamanne @ Md Tamanne Mansoori Md. Sabir Mansuri Resident Of
Village- Harpurwa Ward no. 3, Ps- Bajpatti, Dist- Sitamarhi
2. Md. Raja @ Mohammad Raja son of Md. Sabir Mansuri Resident Of
Village- Harpurwa Ward no. 3, Ps- Bajpatti, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Mazharul Hassan, Advocate
For the State : Mr. Abhay Kumar, APP
For the Informant : Mr. Uday Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 76, 303(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
armed with deadly weapons, came to the house of informant and
Petitioner No. 2 assaulted her with sword. It is further alleged
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that the accused persons also assaulted husband of informant
and looted cash and gold ornaments from house of the
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
next door neighbours and due to long standing land dispute, this
false and concocted case has been lodged. The present F.I.R. has
been lodged after inordinate delay of four days and there is no
plausible explanation for the same which itself makes the entire
prosecution case doubtful. There is absolutely no allegation of
assault against Petitioner No. 1. Rest of the allegations are
ornamental in order to make the case grave.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioners and
submitted that petitioners are named in the F.I.R. and there is
specific accusation that they, along with other F.I.R. named
accused persons, came to the house of informant and assaulted
informant and her husband. There is specific accusation that
Petitioner No. 2, namely Md. Raja, assaulted informant with
sword due to which the informant sustained incised injury on
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her face. As per injury report, the said injury has been found to
be grievous in nature. Petitioners have got two criminal
antecedents each.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, criminal
antecedents and nature of injuries allegedly caused by Petitioner
No. 2, the prayer for grant of anticipatory bail to Petitioner No.
2 is rejected.
7. So far as Petitioner No. 1 is concerned, considering
the facts and circumstances of the case, general and omnibus
nature of accusation and delay in lodging of the F.I.R., the
prayer for grant of anticipatory bail to Petitioner No. 1 is
allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Petitioner No. 1 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 J.M. Ist Class, Pupri,
Sitamarhi in connection with Bajpatti P.S. Case No. 233 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
9. With the aforesaid directions, this application
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stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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