Patna High Court
Md. TahsinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, because the injury was simple, the FIR did not specifically implicate the petitioner, and the delay raised doubts, the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS 2023.
Summary
The petitioner, Md. Tahsin, applied for pre‑arrest bail in a case where the FIR alleged that he and three co‑accused assaulted an informant with intent to kill, invoking several IPC sections and provisions of the Bihar Narcotic Substances Act. The petitioner claimed innocence, asserting that the allegations were vague, that there was a two‑day delay in filing the FIR, and that the medical report showed only a single, simple head injury. The State opposed the bail, arguing the seriousness of the offences. The court observed that the injury was simple, the FIR did not specifically identify which accused caused it, and the delay raised doubts about the prosecution’s version. Relying on Section 482(2) of the BNSS 2023, the court directed that the petitioner be released on pre‑arrest bail subject to a bond and sureties, with a condition that the bail may be revoked if a criminal antecedent is found. The order also directed the district court to verify any other pending cases against the petitioner.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS 2023 given the nature of the allegations and evidence.
- Whether the delay in lodging the FIR and the lack of specific identification of the injury affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3, 5
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 351(2), 352
Subjects
- pre‑arrest bail
- section 482
- injury report
- delay in FIR
- false implication
- assault
- IPC sections
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2853 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Md. Tahsin S/o Late Kabir R/o Village - Dubaili, Ward No. 4, P.S - Dagarua,
District - Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kushal, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 01-04-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Dagarua P.S.Case No.189 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 109, 303(2), 352,
351(2) and 3/5 of BNS.
3. As per the allegations made in the FIR, the
petitioner along with other co-accused persons assaulted the
informant and his family members with an intention to kill
them, causing injuries on vital parts of their bodies.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
falsely implicated in the present case due to prior enmity
between the parties. Learned counsel further submitted that the
Patna High Court CR. MISC. No.2853 of 2026(3) dt.01-04-2026
2/3
allegation against the petitioner is general and omnibus in
nature. Although, it is alleged in the FIR that the petitioner
along with co-accused persons, namely, Md. Shahjahan, Md.
Kalam and Md. Saukat assaulted the informant on his head,
however, the injury report discloses only one head injury, which,
as per the medical opinion, is simple in nature. Learned counsel
further submitted that there is a delay of two days in lodging the
FIR, which raises doubt on the prosecution version. On these
grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposes the
prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the materials
available on record, it appears that the informant has sustained
only one injury on the head, which has been opined to be simple
in nature. Though the allegation in the FIR is that the petitioner,
along with the other co-accused persons, namely, Md.
Shahjahan, Md. Kalam and Md. Saukat, assaulted the informant,
as such, it cannot be ascertained as to which of the accused
caused the said injury. So far as, the injury report of the injured
Md. Muzahid is concerned, it is simple in nature. The petitioner
is directed to be released on pre-arrest bail, in the event of his
Patna High Court CR. MISC. No.2853 of 2026(3) dt.01-04-2026
3/3
arrest or surrender before the learned district court within a
period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned ACJM-1st class,
Purnia/concerned court, in connection with Dagarua P.S.Case
No.189 of 2025, subject to conditions as laid down under
Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
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