Patna High Court
Tayazuddin @ Teyazuddin SheikhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to conditions of bond, sureties and compliance with trial requirements.
Summary
The petitioner, Tayazuddin Sheikh, was arrested in connection with an assault case where he was alleged to have attacked an informant's husband and daughter with a spear, invoking several sections of the B.N.S. He sought bail, claiming innocence, lack of corroboration for the injury to the husband, and that the incident arose from a scuffle during an Aadhaar card queue. The State opposed bail, asserting that the injury report substantiated the allegations. The court considered the petitioner’s period of custody, the fact that co‑accused had already been released on bail, and the material on record. It concluded that bail could be granted with conditions to ensure trial cooperation and prevent tampering with evidence. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties and compliance with stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of assault under Sections 115(2), 117(2), 118, 126(2), 74, 109(1), 352, 351(2) and 3(5) of the B.N.S.
- Whether the injury report corroborates the prosecution’s allegations sufficiently to deny bail
- Whether the grant of bail to co‑accused influences the decision on the petitioner’s bail application
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 118, 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- assault
- spear attack
- injury report
- co‑accused bail
- criminal procedure
- B.N.S. sections
- trial cooperation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88260 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- MAINATAND District- West Champaran
======================================================
Tayazuddin @ Teyazuddin Sheikh S/o Sk. Sufiyan R/o Village - Purainiya,
P.S - Mainatand, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv.
Mr. Krishna Kant Pandey, Adv.
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Mainatand P.S. Case No. 75/2025 registered for the offences
punishable under Sections 115(2), 117(2), 118, 126(2), 74,
109(1), 352, 351(2), 3(5) of B.N.S.
3. As per prosecution case, there is allegation against
the petitioner who is said to have assaulted the informant’s
husband by means of spear on the hand. It is further alleged that
the petitioner is said to have assaulted the informant’s daughter
by means of spear on the leg as a result of which she sustained
leg injury.
4. Learned counsel for the petitioner submits that
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petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner is languishing in custody since
14.10.2025 and bears one criminal antecedent in which he is on
bail. There is no intention to kill the informant’s husband and
daughter rather the allegation of assaulting on the hand of the
informant’s husband has not been corroborated by the injury
report as mentioned in the impugned order. He further submits
that there is only one allegation against the petitioner who is
said to have assaulted the informant’s daughter and the injury is
incised wound on the lower leg. The dispute arose on the simple
matter where the petitioner and others were in queue for the
purpose of getting Adhar card and during course of getting
Adhar card some scuffle has taken place and the petitioner has
been falsely implicated in the present case. He orally submits
that charge sheet has been submitted in this case and there is no
likelihood of tampering with the prosecution evidence. In the
light of aforesaid facts and circumstances of the case, no offence
is made out against the petitioner under Section 109(1) of
B.N.S. Co-accused Sheikh Zakir and Md. Hasantaz against
whom there is specific allegation, have already been granted
bail by the co-ordinate Bench of this Court vide Cr. Misc.
No.44103/2025 and the case of present petitioner stands on
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better footing.
5. The learned A.P.P. for the State vehemently
opposes the prayer for bail of the petitioner and submits that
there is specific allegation against the petitioner and the same is
corroborated by the injury report and hence, the petitioner does
not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, co-accused have already been granted
bail, argument advanced on behalf of both sides and also taking
into consideration the material available on record, let the
petitioner above named be released on bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate-1st Class, Bettiah, West Champaran in connection
with Mainatand P.S. Case No. 75/2025, subject to following
conditions:-
(i) One of the bailors shall be either father or mother
or sister or brother or wife or the person who has sworn the
affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain
present on all dates and absence for two consecutive dates
without appropriate permission, would be a ground for
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cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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