Patna High Court
Md Tanvir @ Md TanveerversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, six residents of Koriyapatti village, applied for bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to assault, false evidence, and other offences. The prosecution alleged that the petitioners assaulted an informant and his family, causing injuries, while the petitioners contended they were falsely implicated in a land‑dispute‑related fight and that the FIR was lodged with an unreasonable delay. They highlighted the absence of any criminal antecedent and asserted that the only grievous injury was not caused by them. The State opposed the bail, but the court, after considering the facts, the delay in filing the FIR, and the petitioners' willingness to cooperate, granted bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs the petitioners to surrender within six weeks if arrested.
Issues considered
- Whether bail should be granted to the petitioners accused under the listed sections of the Bharatiya Nyaya Sanhita.
- Whether the delay in lodging the FIR and lack of prior criminal record justify bail.
- Whether the alleged injuries constitute grievous hurt warranting continued detention.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 190, 191(2), 303(2), 329(3), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- land dispute
- false implication
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- delay in FIR
- grievous hurt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80221 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
1. Md Tanvir @ Md Tanveer Son of Md. Mahiuddin @ Md. Mahiudhhin
Resident of Village - Koriyapatti, Ward No. 06, Police Station - Raghopur,
District - Supaul.
2. Md. Jamahir @ Md. Jahangir @ Md. Jamaheer Son of Md. Mahiuddin @
Md. Mahiudhhin Resident of Village - Koriyapatti, Ward No. 06, Police
Station - Raghopur, District - Supaul.
3. Md. Rahman Son of Md. Majid @ Md. Majeed Resident of Village -
Koriyapatti, Ward No. 06, Police Station - Raghopur, District - Supaul.
4. Md. Kuraban @ Md. Kurban Son of Md. Majid @ Md. Majeed Resident of
Village - Koriyapatti, Ward No. 06, Police Station - Raghopur, District -
Supaul.
5. Md. Faruk @ Md. Pharukh Son of Md. Kurban @ Md. Kurwan Resident of
Village - Koriyapatti, Ward No. 06, Police Station - Raghopur, District -
Supaul.
6. Md. Sharukh @ Md. Sahnawaj @ Md. Sarukh Son of Md. Rahman Resident
of Village - Koriyapatti, Ward No. 06, Police Station - Raghopur, District -
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 191(2), 190, 329(3), 126(2), 115(2),
110, 76, 303(2), 352 and 351(2) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
Patna High Court CR. MISC. No.80221 of 2025(2) dt.06-01-2026
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including the petitioners abused and assaulted the informant and
his family members due to which they sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that both the parties are co-
villagers, neighbours and due to land dispute, a free fight took
place in which both sides sustained injuries. There is case and
counter case between the parties. The injuries to the injured is
simple in nature except one injury to Md. Samir, who received
hairline fracture on medial wall of left maxillary antrum, which
is found grievous in nature and petitioners are not author of the
said injury. There is delay in lodging the F.I.R. without any
plausible reason. Petitioners have no criminal antecedent. They
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
Patna High Court CR. MISC. No.80221 of 2025(2) dt.06-01-2026
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the like amount each to the satisfaction of learned learned
Additional Chief Judicial Magistrate-I, Birpur, Supaul in
connection with Raghopur P.S. Case No. 48 of 2025, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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