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Patna High Court

Md. Tamanna @ Md. Tamanna AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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