Patna High Court
Tarique AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail is warranted as the allegations are vague, a counter‑case exists, and the injuries to the informant are simple, thereby granting bail under Section 482(2).
Summary
The petitioners, four brothers and a sister-in-law from Tekari, Gaya, applied for anticipatory bail after an FIR (Case No. 313 of 2025) alleged that they assaulted the informant, her daughter, and other family members with a sharp-edged weapon, committing offences under several sections of the Bharatiya Nyaya Sanhita. The petitioners contended that they were falsely implicated and that the allegations were vague, noting a prior case (Case No. 312 of 2022) filed by the sister-in-law against the informant’s side, which resulted in injuries to the petitioners. The court examined the nature of the allegations, the existence of a counter‑case, and the fact that the injuries to the informant were described as simple. Considering these factors, the court found that the case did not warrant denial of bail and that the petitioners could be released on condition. Consequently, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the bail to be effected by the Additional Chief Judicial Magistrate VI, Gaya, within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted despite the serious nature of the alleged offences.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether the existence of a prior counter‑case influences the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to release the petitioners on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(1), 126(2), 303(2), 3(5), 351(2), 351(3), 74
Subjects
- anticipatory bail
- assault
- false implication
- case and counter case
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66211 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Tarique Anwar S/O Md. Anwar @ Md. Anwar Alam Resident of Vill.-
Belharia, P.S.- Tekari, Dist.- Gaya
2. Md. Adil Alam S/O Md. Anwar @ Md. Anwar Alam Resident of Vill.-
Belharia, P.S.- Tekari, Dist.- Gaya
3. Md. Anwar @ Md. Anwar Alam S/O Md. Ibrahim Resident of Vill.-
Belharia, P.S.- Tekari, Dist.- Gaya
4. Nikhat Parveen W/O Md. Anwar @ Md. Anwar Alam Resident of Vill.-
Belharia, P.S.- Tekari, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Advocate
For the Informant : Ms. Rabia Gulnaz, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 24-02-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Tekari Police Station Case No. 313 of 2025,
disclosing offences under Sections 126(1), 126(2), 115(2),
109(1), 74, 303(2), 351(2) 351(3), 3(5) of Bharatiya Nyaya
Sanhita.
3. As per the FIR, on 02.07.2025, the petitioners
allegedly assaulted the informant and her daughter, outraged her
modesty, and also attacked their family members with a sharp-
Patna High Court CR. MISC. No.66211 of 2025(3) dt.24-02-2026
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edged weapon and rod, causing head injuries.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
this case. The allegations against the petitioners are general and
omnibus in nature. There is case and counter-case between the
parties. Earlier, Petitioner No. 4 lodged Tekari P.S. Case No. 312
of 2022 against the informant’s side, due to which the
petitioners’ side also sustained injuries. The injuries sustained by
the informant’s side are simple in nature, caused by hard and
blunt substance.
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that there is
case and counter case between the parties and injuries sustained
by the informant’s side are simple in nature I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate VI, Gaya, in connection with Tekari Police
Patna High Court CR. MISC. No.66211 of 2025(3) dt.24-02-2026
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Station Case No. 313 of 2025, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
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