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Patna High Court

Md. Tamanne @ Md Tamanne MansooriversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CR. MISC. No.19623 of 2026(2) dt.07-04-2026
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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
Patna High Court CR. MISC. No.19623 of 2026(2) dt.07-04-2026
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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
             Patna High Court CR. MISC. No.19623 of 2026(2) dt.07-04-2026
                                                         4/4




                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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