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Patna High Court

Tauseer Alam @ Chunnu @ Takbeer AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is to be released on bail subject to the conditions imposed by the court.

Summary

The petitioner, Tauseer Alam, was arrested on 3 November 2025 in connection with a case registered on 11 March 2023 alleging offences under Sections 395 and 412 of the Indian Penal Code, involving an alleged robbery and assault on a pick‑up van. The prosecution alleged that the petitioner participated in the assault, looting of cash, a watch and a mobile phone, and the use of a sharp weapon causing injuries to the victim. The petitioner contended that he has a clean antecedent, the FIR is fabricated, and no specific assault or overt act is attributed to him, noting that co‑accused have already been granted bail. The court examined the lack of a direct allegation against the petitioner, his clean record, and the precedent of bail being granted to co‑accused. Considering these factors, the court held that bail should be granted subject to strict conditions to ensure his cooperation and prevent tampering with evidence. Consequently, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties and complying with the stipulated conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under Sections 395 and 412 IPC
  • Whether the petitioner’s clean antecedent and the absence of a specific allegation of assault justify bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 395
  • Section 412
  • criminal procedure
  • East Champaran
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2844 of 2026
                    Arising Out of PS. Case No.-94 Year-2023 Thana- KOTWA District- East Champaran
                 ======================================================
                 Tauseer Alam @ Chunnu @ Takbeer Alam Son of Jiyaul Haque Resident of
                 village - Govindapur, P.S.- Harsidhi, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-01-2026                   Heard Mr.Abhishek Kumar, learned counsel for the

                   petitioner and Mr.Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   03.11.2025 in connection with Kotwa P.S. Case No.94/2023,

                   dated 11.03.2023 registered for the offences punishable under

                   Sections 395,412 of IPC.

                                3. As per the prosecution case, in brief, is that the

                   informant alleged that while he was moving on a pick-up van

                   loaded with chicken worth Rs. 2,33,301/-, a Bolero vehicle over

                   took him, 8-10 persons came out, abused him and started

                   breaking door of his pick-up van and committed mar-pit with

                   him. The informant further alleged that he identified some

                   miscreants who belonged to his Nanihal. During course of mar-
Patna High Court CR. MISC. No.2844 of 2026(2) dt.16-01-2026
                                            2/4




          pit miscreants snatched Rs. 70,000/-, wrist watch and mobile

          phone. All the accused persons including the petitioner assaulted

          the informant with sharp cutting weapon causing injuries in his

          head, chest and abdomen. He further alleged that the accused

          persons looted away the pick-up van and on the basis of GPS

          system present in the pick-up van, it was found that the same is

          being unloaded at the house of Aliyas and Naseem.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated. Although the

          petitioner is named in the FIR but it appears from the FIR it

          appears that there is no specific allegation of any assault or

          overt-act attributed against the petitioner and similarly situated

          co-accused person, namely, Afsaar Khan has been granted bail

          by a Coordinate Bench of this Hon’ble Court vide order dated

          25.08.2023 passed in Cr. Misc. No.54991 of 2023 and co-

          accused persons, namely, Ram Pravesh Kumar and Junaid @

          Junaid Alam have been granted bail by this Court vide orders

          dated 21.09.2023 and 25.04.2025 passed in Cr. Misc. No.61681

          of 2023 and 27139 of 2025 respectively and the petitioner is in

          custody since 03.11.2025.

                       5. Learned A.P.P. for the State, on the other hand, has
Patna High Court CR. MISC. No.2844 of 2026(2) dt.16-01-2026
                                            3/4




          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, there is no specific allegation of any assault or

          overt-act attributed against the petitioner and several co-accused

          persons have been granted bail by a Coordinate Bench of this

          Hon’ble Court or by this Court, 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 learned C.J.M., Motihari, East Champaran in

          connection with Kotwa P.S. Case No.94/2023, with 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/her absence on two consecutive dates without sufficient

          reason, his/her 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
               Patna High Court CR. MISC. No.2844 of 2026(2) dt.16-01-2026
                                                           4/4




                         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)
Nitesh/-

U          T


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