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Patna High Court

Md. Tahsin @ Md. Tahmim @ Md. Tamim @ TouseemversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Md. Tahsin, applied for anticipatory bail in a case alleging offences under Sections 126(2), 109 and 61(2) of the B.N.S. and Section 27 of the Arms Act. He claimed to have a clean antecedent and argued that the FIR implicates only another accused, Chhotu, for firing at the informant. The informant alleged that the petitioner had summoned him to Hariyali market, where the shooting occurred, and that the petitioner’s presence facilitated the crime. The State and the informant’s counsel opposed bail, contending that the petitioner’s role in inviting the informant made him complicit. The Court, after considering the submissions, found the petitioner’s involvement sufficient to deny the privilege of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • arms act
  • false implication
  • section 126 B.N.S.
  • section 109 B.N.S.
  • section 61(2) B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22103 of 2026
                          Arising Out of PS. Case No.-2 Year-2026 Thana- ARARIA District- Araria
                 ======================================================
                 Md. Tahsin @ Md. Tahmim @ Md. Tamim @ Touseem S/O Md. Sajjad @
                 Sajaad @ Sajjad Resident of Village- Ajmatpur, P.S- Bairganchhi, Distt.-
                 Araria.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar Mandal
                                                   Mr.Kamlesh Kumar Pathak
                 For the Opposite Party/s :        Mr.Rabindra Kumar, APP
                                                   Mr.Dheeraj Kumar
                                                   Mr.Priyadarshi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-06-2026                   1. Heard learned counsel for the petitioner, learned

                   APP Sri Rabindra Kumar for the State and the learned counsel

                   appearing on behalf of the informant.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 109 and 61(2) of the B.N.S. and Section 27 of

                   the Arms Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that on 27.12.2025 at about 6:00 PM,

                   petitioner called him and asked to come near Hariyali market for

                   some important work. Accordingly, the informant along with
Patna High Court CR. MISC. No.22103 of 2026(3) dt.19-06-2026
                                            2/3




          others went to the place of occurrence where from before

          petitioner along with Md. Akib, Chhotu and Md. Istkhar were

          present. It is next alleged that Md. Akib got the informant

          identified thereafter accused Md. Istkhar took out a pistol from

          his waist and tried to fire, but Chhotu took the said arms and

          fired at the informant causing injury on his neck.

                       4. The learned counsel for the petitioner submits that

          the petitioner has been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that specific

          allegation of firing causing injury to the informant is against

          Chhotu.

                       5. The learned A.P.P. as well as learned counsel

          appearing on behalf of informant opposes the anticipatory bail

          application and submits that it was petitioner who had called the

          informant to the place of occurrence and based on his call, the

          informant reached the place of occurrence where petitioner was

          present from before and thereafter Chhotu fired causing injury

          on his neck. It is submitted that no doubt, petitioner is not

          alleged to have fired but then his presence at the place of

          occurrence coupled with the fact that he had called the

          informant emboldened the accused persons to commit the
               Patna High Court CR. MISC. No.22103 of 2026(3) dt.19-06-2026
                                                           3/3




                         occurrence of firing leading to injury.

                                       6. Considering the submissions made by the learned

                         counsel for the informant as well as learned A.P.P., the Court is

                         not inclined to extend the privilege of anticipatory bail to the

                         petitioner.

                                       7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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