Patna High Court
Tauseer Alam @ Chunnu @ Takbeer AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 395, 412
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-
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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
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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
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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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