Patna High Court
Md. Tanweer @ Md. Tanweer AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, finding the allegations insufficient to deny bail and noting parity with co‑accused.
Summary
The petitioner, Md. Tanweer Alam, was named in an FIR for offences under the Bhartiya Nyaya Sanhita, 2023 and the Bihar Control of the Use and Play of Loud Speakers Act, 1955 arising from a Muharram procession that allegedly obstructed traffic, leading to a bus‑collision, arson and assault on the driver. The petitioner sought bail, contending that the allegations against him were vague, omnibus and that no specific charge of assault was made. He also highlighted that 36 persons were named accused while 200 were unknown, and that several co‑accused had already been granted bail by other benches, invoking the principle of judicial parity. The Additional Public Prosecutor opposed bail. The Court observed that the allegations were indeed general and, considering the bail granted to similarly situated co‑accused, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the general and omnibus nature of the allegations against the petitioner justifies denial of bail.
- Whether parity with co‑accused persons who have been granted bail mandates granting bail to the petitioner.
- Whether the conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS are applicable for granting bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 132, 190, 191(2), 191(3), 192, 323, 324(6), 326(b), 351(2)
- Bihar Control of the Use and Play of Loud Speakers Act, 1955 — s. 3, 7, 9
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- anticipatory bail
- general allegations
- judicial parity
- public procession
- loudspeaker act
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40853 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
Md. Tanweer @ Md. Tanweer Alam, S/o Bihari Quraishi @ Taslim Quraishi
@ Md. Taslim Quraishi, R/o Village-Bela Sandhan (Bela Dargah), P.S.-
Baligaon, Distt- Vaishali, State - Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Opposite Party/s : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Baligaon P.S.
Case No.117 of 2025 registered under Sections 191(2),
191(3), 190, 323, 192, 132, 109, 351(2), 326(b), 324(6)
of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as
well as Sections 3, 7 and 9 of the Bihar Control of the Use
and Play of Loud Speakers Act, 1955.
3. As per FIR, on the alleged date of occurrence,
Muharram procession was to proceed on National Highway
along with loud D.J. music, which obstructed the movement
of traffic and in the meantime, a motorcycle rider hit the bus
Patna High Court CR. MISC. No.40853 of 2026(2) dt.24-06-2026
2/3
coming from Samastipur as a result of which, petitioner and
other co-accused persons put the bus on fire and assaulted
the bus driver.
4. It is submitted by learned counsel appearing for
petitioner that the allegation against this petitioner is very
much general and omnibus in nature. It is pointed out that
the allegation of assault is also not available against this
petitioner. It is pointed out that total 36 persons made
named accused persons with present crime in question,
whereas 200 unknown persons were also implicated. It is
submitted that several co-accused persons, having similar
allegation were granted bail by learned co-ordinate Benches
of this Court through Cr. Misc. No.15314 of 2026 dated
12.03.2026, through Cr. Misc. No.21504 of 2026 dated
10.04.2026 and Cr. Misc. No.32263 of 2026 dated
13.05.2026 and, therefore, as a matter of judicial parity,
this petitioner also deserves bail. The petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual and legal
Patna High Court CR. MISC. No.40853 of 2026(2) dt.24-06-2026
3/3
submissions as the allegation against petitioner prima facie
appearing very much general and omnibus in nature, coupled
with the fact that similarly situated co-accused persons have
been granted anticipatory bail by different co-ordinate
Benches of this Court, accordingly, the petitioner, above-
named, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed
to be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate-1st
Class, Vaishali at Hajipur in connection with Baligaon P.S.
Case No.117 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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