Patna High Court
Tanvir Alam @ IduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner, subject to stringent conditions to ensure his cooperation and prevent tampering with evidence.
Summary
The petitioner, Tanvir Alam, was arrested in connection with a violent incident alleged to have occurred on 3 July 2025, where he and a group of persons allegedly assaulted an informant with knives and other weapons, causing injuries. He faced charges under multiple sections of the Bhartiya Nyaya Sanhita, 2023, including offences relating to assault, use of weapons, and causing grievous hurt. The petitioner pleaded innocence, claiming false implication, and sought bail after being in custody since 17 November 2025. The State opposed the bail on grounds of the seriousness of the offences and the risk of tampering with evidence. After considering the submissions, the court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions such as regular court appearances, cooperation with the trial, and restrictions on tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
- Whether the conditions imposed by the court are sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329(3), 351(2), 352, 61(2)
Subjects
- bail
- criminal procedure
- assault
- weapon offence
- Bhartiya Nyaya Sanhita
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5199 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Tanvir Alam @ Idu, S/O Manjoor Alam, Resident of Village- Shankarpur
Road Dighwara, P.S- Dighwara, Distt.- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Sr. Advocate
Mr. Ramkishor Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard Mr. Anand Kumar Ojha, learned senior counsel
for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Dighwara P.S. Case No. 258 of 2025 dated 03.07.2025 instituted
for the offence punishable under Sections 191(2), 191(3), 190,
329(3), 126(2), 115(2), 118(1), 109, 352, 351(2), 61(2) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on the alleged date of
occurrence, the petitioner along with 30 named and 10-15
unknown persons armed with weapon, came at the house of the
informant in the pretext of pacifying fight between two children.
All the accused persons assaulted the informant with fists, lathi-
danda, rod, knife. It is alleged that the petitioner along with one
Imtiyaz Kuraishai assaulted the informant by means of knife
Patna High Court CR. MISC. No.5199 of 2026(3) dt.25-02-2026
2/4
due to which he sustained injury on his nose and left ribs. It is
also alleged that they also assaulted the Vishnu Kumar and
Sharda Devi.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and he has been falsely implicated
in this case. Learned senior counsel for the petitioner further
submits that F.I.R. has been lodged against 31 persons including
the petitioner and allegation against the petitioner and one
Imtiyaz Kuraishai is of knife blow on the person of the
informant due to which the informant sustained sharp cut injury
on the nose. It is further submitted that the quarrel took place
between the parties over pity matter and thereafter, the present
F.I.R. has been lodged. Lastly, it has been submitted that the
petitioner is in custody since 17.11.2025 having one criminal
case against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M.-I, Chhapra
Patna High Court CR. MISC. No.5199 of 2026(3) dt.25-02-2026
3/4
(Saran) in connection with Dighwara P.S. Case No. 258 of 2025,
subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
Patna High Court CR. MISC. No.5199 of 2026(3) dt.25-02-2026
4/4
station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till framing of
charge.
(Khatim Reza, J)
premchand/-
U T
Checking your session…