Created by Fuzzy Cloud

Patna High Court

Md. Tahsib @ LaluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond and specific conditions.

Summary

The petitioner, Md. Tahsib @ Lalu, was arrested on 6 January 2026 in connection with a murder case (FIR dated 19 August 2025) and charged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioner was part of a mob that conspired and used deadly weapons, resulting in the death of the informant's son. The petitioner’s counsel argued that he has a clean antecedent, that the FIR does not specifically allege any overt act by him, and that he was merely a member of the mob, not the shooter. The Additional Public Prosecutor opposed bail, emphasizing the petitioner’s inclusion in the FIR. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made subject to cancellation if the petitioner violates any condition.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR for murder and related offences under the Bharatiya Nyay Sanhita, 2023.
  • Whether the lack of a specific allegation of an overt act against the petitioner justifies grant of bail.
  • Whether the petitioner poses a risk of tampering with evidence or fleeing the trial.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • conspiracy
  • Bharatiya Nyay Sanhita
  • pre‑trial detention
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24227 of 2026
                      Arising Out of PS. Case No.-557 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Md. Tahsib @ Lalu Son of Md. Nasim @ Md. Sohrab Resident of Village -
                 Dauna, P.S.- Amarpur, District - Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                      Heard Mr. Sanjay Kumar Jha, learned counsel for

                   the petitioner as well as Mr. Zainul Abedin, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.01.2026 in connection with Amarpur P.S. Case No. 557 of

                   2025, F.I.R. dated 19.08.2025 for the offences punishable under

                   Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyay Sanhita,

                   2023.

                               3. The prosecution case in brief is that on 19.08.2025

                   at about 01.00A.M, the informant alleged that his son was shot

                   and murdered near village Hanua. According to the informant,

                   the petitioner along with other co-accused persons assembled

                   with deadly weapons as part of a pre-planned conspiracy and

                   one of the accused fired a gunshot at the chest of his son,
Patna High Court CR. MISC. No.24227 of 2026(2) dt.15-04-2026
                                            2/3




          causing him to collapse and lie in pool of blood.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Although the petitioner is named

          in the FIR but from bare perusal of the FIR it appears that co-

          accused, Md. Imran, fired a gunshot at the chest of the

          informant’s son, as a result of which he sustained injuries and

          subsequently succumbed to them. He further submits that there

          is no specific allegation of assault or overt act or firing

          attributed against the petitioner and at best the petitioner is

          member of the mob. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 06.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner is named in the FIR but fairly submits that

          co-accused, Md. Imran had fired a gunshot at the chest of son of

          the informant.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief
            Patna High Court CR. MISC. No.24227 of 2026(2) dt.15-04-2026
                                                        3/3




                      Judicial Magistrate, Banka in connection with Amarpur P.S.

                      Case No. 557 of 2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.