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Patna High Court

Md. TahsinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


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