Patna High Court
Tavrez KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners, subject to a bail bond, sureties, and verification of their antecedents.
Summary
The petitioners – four residents of Birpur, Supaul – were charged under multiple sections of the Bihar Negotiable Sale Act (BNS) for allegedly assaulting the son of an informant with an iron rod and stealing a silver bracelet and chain. They contended that the allegations were false, arising from a land dispute and enmity, and asserted that the injury was minor and they had clean antecedents. The State opposed the grant of pre‑arrest bail. The Court, after considering the FIR, the claim of false implication, the simple nature of the injury, and the petitioners’ clean record, ordered that they be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to verification of their antecedents and compliance with Section 438(2) Cr.P.C. and Section 482(2) BNS. The order is conditional; if the petitioners are found involved in other cases, the bail will be revoked. The bail application was disposed of.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 438(2) Cr.P.C. and Section 482(2) BNS given the nature of the offences and the claim of false implication.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- Section 438 Cr.P.C.
- Section 482 BNS
- false implication
- land dispute
- assault
- theft
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20347 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- BIRPUR District- Supaul
======================================================
1. Tavrez Khan S/o Kharkil Khan @ Kharkhil Khan R/o - Bauraha, P.S -
Birpur, District - Supaul
2. Sijril @ Md. Sijril Khan S/o Harun Khan R/o - Bauraha, P.S - Birpur,
District - Supaul
3. Ehsanul Khan @ Md. Ehsanul Khan @ Md. Ehsan S/o Avesh Khan @
Ovesh Khan R/o - Bauraha, P.S - Birpur, District - Supaul
4. Jahangir Alam @ Md. Jahangir Khan S/o Avesh Khan @ Ovesh Khan R/o -
Bela Bhairoganj, P.S - Basmatiya, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Harendra Prasad, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Birpur P.S. Case No. 188 of 2025 registered for the offence
punishable under Sections 126(2), 115, 118(1), 303(2), 329(3),
109, 352, 351(2) and 3(5) of BNS.
3. As per the allegation made in the F.I.R., the
petitioners are said to have abused and assaulted the son of the
informant by means of iron rod and snatched silver bracelet and
silver chain from the hand and neck of her son.
Patna High Court CR. MISC. No.20347 of 2026(2) dt.08-04-2026
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4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the case due to land dispute and
enmity between the parties. There is case and counter case
between the parties. The injury sustained by the victim is simple
in nature. The petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the parties are on inimical terms and
due to land dispute they have been falsely implicated in the case
and the injury sustained by the victim is simple in nature, the
petitioners, above named, are directed to be released on pre-
arrest bail, in the event of their arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned ACJM, Birpur in connection with Birpur P.S. Case No.
188 of 2025, subject to the condition as laid down under Section
438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
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antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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