Patna High Court
Md. Tamanna @ Md. Tamanna AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Tamanna, sought bail in connection with a case involving alleged assault and other offences arising from a land dispute. The FIR named twelve accused, including the petitioner, accusing him of assaulting the informant, who sustained a simple head injury. The petitioner’s counsel highlighted the minor nature of the injury, the petitioner’s clean antecedent, and his willingness to cooperate. The State opposed bail, arguing the petitioner’s complicity in the assault. Considering the injury report, the petitioner’s antecedent, and the provisions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, the court granted bail subject to a bond of Rs.10,000 and two sureties, with one surety to be a close family member.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences.
- Whether the simple nature of the injury and the petitioner’s clean antecedent justify bail under Section 482(2).
- Whether the conditions imposed under the Bharatiya Nagrik Suraksha Sanhita, 2023 are sufficient to ensure the petitioner’s appearance.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115, 118, 126, 190, 191, 303, 351, 352, 482
Subjects
- bail
- criminal procedure
- assault
- land dispute
- injury report
- antecedent record
- surety
- Section 482(2)
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73581 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Md. Tamanna @ Md. Tamanna Alam S/O Md. Bhanu Miya Resident of
Village- Ashapatti Parasauni, Ward No. 6, P.S.- Sahebganj, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Rita Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Sahebganj P.S. Case No. 78 of 2025, registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109, 352, 351(2), 303(2) of the BNS.
3. Allegedly, on the fateful day, while the informant
was cooking food in her house, in the meanwhile, altogether 12
accused persons, including the petitioner, barged into the house
and started abusing and assaulting. It is specifically alleged that
this petitioner has indiscriminately assaulted the informant over
her head due to which she sustained serious injury. There is
further allegation against other accused persons of causing
assault and snatching of valuable.
Patna High Court CR. MISC. No.73581 of 2025(3) dt.11-02-2026
2/3
4. Learned Advocate for the petitioner submitted that
the FIR has been instituted against 12 named accused persons,
including the petitioner, with the specific accusation against the
petitioner of causing assault over the head. The injury, which is
allegedly sustained to the informant over her head, has been
found to be simple in nature in view of the injury report, which
clearly suggests no significant intracranial abnormality. The
genesis of the occurrence is said to be a land dispute. Moreover
the petitioner bears fair antecedent and he undertakes that he
will fully cooperate in the proceeding of the court and would
not indulge in such activity in future.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
specific accusation of causing assault and thereby corresponding
injury clearly suggests the complicity of the petitioner in the
crime.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the nature of injury as discussed in the injury report, besides
the fair antecedent of the petitioner, let the petitioner
abovenamed be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.73581 of 2025(3) dt.11-02-2026
3/3
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Court No. 4, Muzaffarpur (West)
in connection with Sahebganj P.S. Case No. 78 of 2025, subject
to the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023, with the further condition that
one of the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
Anjani/-
U T
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