Patna High Court

Tabarak KhanversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners.

Summary

The petitioners, Tabarak Khan and Taslim Khan, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. The prosecution alleged that on 29 July 2025 the accused, armed with lathis and rods, assaulted an informant. The petitioners contended they were innocent, noting that the specific assault on the informant’s head was attributed to another co-accused and that the allegations against them were general and omnibus with no specific overt act. The medical report indicated only simple injuries, and the petitioners had clean antecedents. Considering the general nature of the accusation, the minor injuries, and the petitioners’ clean records, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S.

Issues considered

Whether anticipatory bail should be granted when the allegations against the petitioners are general and omnibus without specific acts.
Whether the nature of injuries and the petitioners' clean antecedents justify bail.

Legislation cited

B.N.S. — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
general and omnibus accusation
clean antecedents
Section 482
criminal procedure
bail
assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86066 of 2025
                     Arising Out of PS. Case No.-102 Year-2025 Thana- ARIYARI District- Sheikhpura
                 ======================================================
           1.     Tabarak Khan Son of Taslim Khan @ Tasleem khan R/o Village - Ariyari,
                  P.S. - Ariyari, Dist. - Sheikhpura.
           2.    Taslim Khan @ Tasleem Khan Son of Late Kusho Khan R/o Village -
                 Ariyari, P.S. - Ariyari, Dist. - Sheikhpura.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Prince Kumar Mishra, Advocate
                 For the State           :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 303(2), 109, 351(2), 352, 118(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   29.07.2025 at about 4 PM, all the F.I.R. named accused persons,

                   including these petitioners, armed with lathi, danda and iron

                   rod, came and started abusing the informant and on protest, all

                   of them assaulted him.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.86066 of 2025(2) dt.07-01-2026
                                            2/3




          have committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of assaulting on the head of

          informant is against co-accused Saddam Khan. So far as these

          petitioners are concerned, there is general and omnibus

          allegation of assault and no specific accusation of overt act has

          been alleged against these petitioners. Doctor has found the

          injuries, sustained by the injured, simple in nature. Petitioners

          claim clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, nature of

          injuries sustained by the injured and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged 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-II, Sheikhpura in connection with Ariyari
             Patna High Court CR. MISC. No.86066 of 2025(2) dt.07-01-2026
                                                         3/3




                       P.S. Case No. 102 of 2025, subject to condition as laid down

                       under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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