Patna High Court

Tahsir @ TaskimversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to monetary and surety conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Tahsir @ Taskim, sought anticipatory bail fearing arrest in a criminal case (PS No. 66 of 2025) involving alleged assaults under several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, had no involvement in the alleged assault, and that the charge sheet made only a generic allegation against him without specific overt acts. The petitioner also highlighted that a co‑accused had already been granted anticipatory bail in a related matter. The State opposed the bail application. After considering the submissions, the Court ordered that the petitioner be released on anticipatory bail, subject to a cash bond of Rs. 15,000 and two sureties, and conditioned on compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 despite the allegations in the FIR.
Whether the allegations against the petitioner constitute a specific and cognizable offence warranting denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 352

Subjects

anticipatory bail
false implication
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5715 of 2026
                      Arising Out of PS. Case No.-66 Year-2025 Thana- MAHALGAON District- Araria
                 ======================================================
                 Tahsir @ Taskim S/O Islam Uddin @ Md Islam R/O Vill.- Chaukta, P.S.-
                 Mahalgaon, District- Araria
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Rajiv Nayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Mahalgaon P.S. Case No. 66 of 2025, instituted for the

                   offences under Sections 126(2), 115(2), 118(1), 109, 103(1) 352

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that accused persons

                   named in the F.I.R., including the petitioner, assaulted the

                   informant and his other family members by means of Farsa,

                   sticks, axes and knives.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   petitioner has no concerned with the alleged occurrence. The

                   specific allegation of assault is against co-accused Hasim.
           Patna High Court CR. MISC. No.5715 of 2026(2) dt.03-02-2026
                                                       2/2




                     Learned counsel for the petitioner further submits that other co-

                     accused has been granted anticipatory bail by a Co-ordinate

                     Bench of this Court vide order dated 15.09.2025 passed in Cr.

                     Misc. No. 60026 of 2025. Learned counsel for the petitioner

                     submitted that general and omnibus allegation has been made

                     against the petitioner. No specific overt act is alleged against the

                     petitioner. It has been submitted on behalf of the petitioner that

                     the petitioner has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Mahalgaon

                     P.S. Case No. 66 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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