Patna High Court
Md. TahirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Md Tahir, sought anticipatory bail fearing arrest in a case (Pranpur P.S. Case No. 136 of 2025) alleging offences under several sections of the B.N.S., including assault and theft of Rs. 25,500. The prosecution alleged that he, along with co‑accused, abused and assaulted an informant and snatched money. The petitioner contended that he was falsely implicated, the injuries were minor, there was a counter‑case, and the dispute originated from a scuffle among children; he also disclosed that he was already on bail in two other cases. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions and circumstances, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., imposing conditions such as a surety, presence in court, and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the allegations and the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- criminal antecedent
- bail conditions
- false implication
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2601 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- PRANPUR District- Katihar
======================================================
Md. Tahir Son of Late Kalimuddin Resident of Chikni Tola, P.S.- Pranpur,
District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Pranpur P.S. Case No. 136 of 2025 registered for the offences
under Sections 126(2), 115(2), 118(1), 303(2), 308(3), 352,
351(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the allegation against
the petitioner is that he along with other co-accused persons
initially abused and thereafter assaulted the informant and one
another. It has further been alleged that he has also snatched
away Rs. 25,500/- from the informant.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case with
concocted story. It has been submitted that the injuries sustained
Patna High Court CR. MISC. No.2601 of 2026(2) dt.28-01-2026
2/4
by the informant were found to be simple in nature. It has
further been submitted that there was case and counter-case for
the said occurrence and injuries were also sustained on the
petitioner’s side. It has next been submitted that the incident has
started on a scuffle only because the children had initiated the
fight among themselves. It has lastly been submitted that the
petitioner carries two criminal cases and he is on bail in both the
cases.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Pranpur P.S. Case
No. 136 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
Patna High Court CR. MISC. No.2601 of 2026(2) dt.28-01-2026
3/4
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
Patna High Court CR. MISC. No.2601 of 2026(2) dt.28-01-2026
4/4
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…