Created by Fuzzy Cloud

Patna High Court

Md. Tausif @ TausifversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The anticipatory bail petition was dismissed as infructuous, and regular bail was granted to petitioner no. 1 subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Md. Tausif and Seraji Mallik, filed an anticipatory bail petition in connection with a FIR alleging offences under sections 191(2), 191(3), 190, 109(1) of the Bihar Negotiable (B.N.S.) Act and section 27 of the Arms Act. While the petition was pending, petitioner no. 2 (Seraji Mallik) was arrested, rendering his anticipatory bail request moot, and the court dismissed it as infructuous. Petitioner no. 1 (Md. Tausif) feared arrest and sought regular bail, contending that the only basis for his implication was a co‑accused’s confessional statement, no material was recovered from him, and he had a clean antecedent. The State opposed bail, alleging his participation in firing at a public place. After reviewing the record, the court noted the lack of seized contraband and the petitioner’s clean record, and granted bail to petitioner no. 1 subject to a Rs 10,000 bond, two sureties, and verification of antecedents under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether an anticipatory bail petition becomes infructuous when the petitioner is arrested before the order is passed
  • Whether regular bail can be granted to a petitioner whose alleged involvement is based solely on a co‑accused’s confessional statement and with no material recovered

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • confessional statement
  • clean antecedent
  • arms act
  • section 482
  • bail conditions
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39457 of 2026
                        Arising Out of PS. Case No.-235 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
           1.     Md. Tausif @ Tausif Son of Md. Ejaj Resident Of Village- Kasi Takia, Ps-
                  Laheri, District- Nalanda, Bihar Sharif
           2.    Seraji Mallik @ Serazi Mallick Son of Khurshid Anwar Resident Of Village-
                 Kasi Takia, Ps- Laheri, District- Nalanda, Bihar Sharif

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :        Mr. Renuka Ratnakar, (App 125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   17-06-2026                        Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. At the outset, the learned counsel appearing on

                   behalf of the petitioners submit that during pendency of the

                   present anticipatory bail petition, the petitioner no. 2 has been

                   arrested, therefore his anticipatory bail petition has become

                   infructuous.

                                3. Considering the above, the anticipatory bail petition

                   of petitioner no. 2 is dismissed as infructuous.

                                4. The petitioner no. 1 apprehends his arrest in

                   connection with Bihar Sharif P.S Case No. 235 of 2025, for

                   allegedly having committed offences under Sections 191(2),
Patna High Court CR. MISC. No.39457 of 2026(2) dt.17-06-2026
                                            2/4




          191(3), 190 and 109(1) of B.N.S. and Section 27 of the Arms

          Act.

                       5. As per the prosecution story, which has been lodged

          on the basis of the written report submitted by the informant to

          the effect that, on 18.04.2025 while the informant was on

          patrolling duty at around 20:15 hours, he received an

          information that in ward no. 27 in between the house of late Dr.

          Saraswati Devi and Annu Vision Shop, firing has been made by

          criminals in the middle of the road. Upon receiving such

          information and to verify the genuineness of the same, he

          reached at the place of occurrence, where he came to know that

          10-15 criminals caused firing and thereafter, fled away from the

          place of occurrence.

                       6. The learned counsel for the petitioner submits that

          no such occurrence has taken place and the petitioner was not

          present at the place of occurrence. The name of the petitioner

          transpired in the present case on the basis of the confessional

          statement made by co-accused Raghav Kumar, during course of

          investigation. He further submits that nothing has been

          recovered from the possession of the petitioner and one of the

          co-accused namely Md. Afridi @ Fiddi has been granted the

          privilege of anticipatory bail by a Hon’ble Single Judge of this
Patna High Court CR. MISC. No.39457 of 2026(2) dt.17-06-2026
                                            3/4




          Court, vide order dated 08.10.2025 passed in Cr. Misc. No.

          70217 of 2025. He further submits that the petitioner no. 1 has

          got a clean antecedent.

                       7. Per contra, the learned APP for the State

          vehemently opposes the prayer for bail of the petitioner no.1

          and submits that the petitioner no.1 indulged in firing at a public

          place, along with other co-accused.

                       8. Having heard the rival submissions and after going

          through the records, it appears that the First Information Report

          was lodged against the unknown and during course of

          investigation the name of the petitioner no.1 transpired in the

          present case on the basis of the confessional statement made by

          one of the co-accused. Nothing has been recovered from the

          possession of the petitioner no.1 and he has got a clean

          antecedent. Considering the facts and circumstances of the case,

          let the petitioner no.1, above named, in the event of arrest or

          surrender within a period of six weeks, be released on bail

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Chief Judicial Magistrate, Nalanda in connection with Bihar

          Sharif P.S. Case No. 235 of 2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S, with further
           Patna High Court CR. MISC. No.39457 of 2026(2) dt.17-06-2026
                                                       4/4




                     condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps 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.



                                                 (Ritesh Kumar, J)
Pallavi/Mridula

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.