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Patna High Court

Tavrez KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
           Patna High Court CR. MISC. No.20347 of 2026(2) dt.08-04-2026
                                                       3/3




                     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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