Patna High Court
Tamanne @ Md. TamanneversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, finding no specific allegation against them and noting the prior bail granted to co‑accused.
Summary
The petitioners, Tamanne, Md. Jausir and Taufik, applied for anticipatory bail in a case (Phenhara PS Case No. 183 of 2024) where they were alleged to have participated in a violent assault on a family over a land dispute. The FIR alleged that the accused, armed with lathis, swords and other weapons, assaulted the informant's husband, causing fatal injuries, and also assaulted other family members and stole property. The petitioners contended that they were falsely implicated, that no specific allegation was made against them, and that co‑accused persons had already been granted anticipatory bail by a coordinate bench. The Court examined the lack of specific charges against the petitioners and the precedent of bail to similarly situated co‑accused. Relying on Section 482(2) of the Bihar Negotiable/Criminal Procedure Code, the Court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail can be granted when the petitioners face only general, non‑specific allegations.
- Whether the grant of anticipatory bail to co‑accused persons influences the bail decision for the petitioners.
- Whether Section 482(2) of the B.N.S.S. permits the High Court to intervene and grant anticipatory bail in this circumstance.
Legislation cited
- B.N.S.S. — s. 103(2)(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 75
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8801 of 2026
Arising Out of PS. Case No.-183 Year-2024 Thana- PHENHARA District- East Champaran
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1. Tamanne @ Md. Tamanne S/O Rahim Shekh @ Shekh Rahim R/O Village-
Phenhara, P.S- Phenhara, Distt.- East Champaran.
2. Md. Jausir S/O Rahim Shekh @ Shekh Rahim R/O Village- Phenhara, P.S-
Phenhara, Distt.- East Champaran.
3. Taufik S/O Rahim Shekh @ Shekh Rahim R/O Village- Phenhara, P.S-
Phenhara, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail,
arises out of Phenhara Police Station Case No. 183 of
2024/G.R. Case No. 7197 of 2024, disclosing offences
under Sections 126(2), 115(2), 118(1), 109, 75, 303(2), 352,
351(2), 3(5) and added Section 103(2)(1) of BNS.
Patna High Court CR. MISC. No.8801 of 2026(2) dt.26-02-2026
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3. The prosecution case, as per the First
Information Report, is that on 15.12.2024, while the
informant along with her family members were at home, all
the FIR named accused persons including the petitioners
arrived there armed with lathi danda, farsa, sword and
assaulted her husband Ekramul Shah. Md. Talim assaulted
with farsa on his head due to which he sustained cut injury
on his head. All the family members were assaulted. It is
further alleged that the accused persons pressed the neck of
informant with intention to kill her due to which she felt
unconscious. Her locket was also snatched. They also took
away Vivo Phone worth Rs. 15,000/- from the house of the
informant.
4. Learned counsel for the petitioners submits that
the petitioners have falsely been implicated in this case due
to land dispute between the parties and they have not
committed any offence as alleged. Both the parties are
agnates. The main allegation of assault and overt act is
against co-accused Md. Talim who is said to have assaulted
with farsa on the head of the informant’s husband which
proved to be fatal and led him to death. So far as allegation
Patna High Court CR. MISC. No.8801 of 2026(2) dt.26-02-2026
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against these petitioners are concerned there has been
general and omnibus allegation against them. Similarly
situated co-accused persons have already been granted
anticipatory bail by a Co-ordinate Bench of this Hon’ble
vide order dated 03.09.2025, passed in Cr. Misc. No. 40391
of 2025.
5. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact
that no specific allegation is against the petitioners and
similarly situated co-accused persons have already been
granted anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court, I am inclined to grant the petitioners
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event
of their arrest or surrender before the Court below within
four weeks, be released 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 Chief
Judicial Magistrate, Motihari, East Champaran, in
connection with Phenhara Police Station Case No. 183 of
Patna High Court CR. MISC. No.8801 of 2026(2) dt.26-02-2026
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2024/G.R. Case No. 7197 of 2024, subject to the condition
laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
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