Patna High Court
Md. Tofik Alam @ Md. Taufik Alam @ Taufik AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The bail petition was dismissed as the petitioner was alleged to be the main assailant in a serious offence.
Summary
The petitioner, Md. Tofik Alam, was arrested on 1 July 2025 in connection with a case registered under Gaura Police Station for offences under Sections 126(2), 118(1), 109, 103, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. He applied for bail, claiming a clean antecedent and arguing that the FIR merely alleges him as the principal assailant who stabbed the deceased. The State's Additional Public Prosecutor concurred with the petitioner's version of the allegations. The Court examined the seriousness of the charges, particularly the allegation of being the main assailant in a homicide, and considered the risk to public order and the gravity of the offences. On this basis, the Court was not inclined to grant bail. Consequently, the petition for bail was rejected.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 126(2), 118(1), 109, 103, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 109, 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- serious offences
- murder
- assault
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87161 of 2025
Arising Out of PS. Case No.-124 Year-2025 Thana- Gaura P.S. District- Saran
======================================================
Md. Tofik Alam @ Md. Taufik Alam @ Taufik Alam S/o Seraj @ Md.
Sirajuddin @ Sirajuddin @ Md. Seraj R/o Village - Majhawalia, P.S - Gaura,
District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
Mr. Dewendra Narayan Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 11-03-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner seeks bail in connection with Gaura
P.S. Case No. 124 of 2025 registered for the offences punishable
under Sections 126(2), 118(1), 109, 103, 352, 351(2) and 3(5)
of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody
since 1-7-2025.
4. Learned counsel for the petitioner very fairly
submits that from perusal of the allegations as alleged in the
FIR, it would manifest that petitioner is alleged to be the main
Patna High Court CR. MISC. No.87161 of 2025(3) dt.11-03-2026
2/2
assailant of the deceased and is alleged to have stabbed the
deceased indiscriminately.
5. Learned A.P.P. for the State also concurs with the
said submission.
6. Considering the fact that petitioner is alleged to be
the main assailant of the deceased, the Court is not inclined to
release the petitioner on bail.
7. Accordingly, the prayer for bail of the petitioner is
rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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