Patna High Court

Tauraf @ Tarooque AliversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Tauraf (Tarooque) Ali, sought anticipatory bail in a case where he was alleged to have participated in a violent assault involving multiple offences under the Indian Penal Code, including assault, grievous hurt, and robbery. The first informant report described a group attack where the petitioner allegedly assaulted a victim with a weapon, causing injury and theft of valuables. The petitioner claimed innocence, asserting a case and counter‑case between the parties and noting only one prior criminal antecedent. The State opposed the bail, but the court considered the mutual violence, the existence of a case‑counter‑case, and the petitioner’s limited criminal history. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the alleged offences and the existence of a case‑counter‑case.
Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Indian Penal Code
section 341
section 323
section 324
section 307
section 379
section 504
section 506/34
Bharatiya Nagarik Suraksha Sanhita
criminal antecedent
case and counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91882 of 2025
                  Arising Out of PS. Case No.-36 Year-2023 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Tauraf @ Tarooque Ali S/o Late Shekh Edrish Resident of Village- Mirhata,
                 P.S.- Bhagwanpur Hat, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :     Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 341, 323, 324, 307,

                   379, 504, 506/34 of the Indian Penal Code.

                                3. As per the first informant report lodged on

                   25.01.2023, all the accused persons armed with lathil Bhala,

                   farsa, Garansa and Tangi came and started assaulting the

                   informant by pulling her down on the ground and meanwhile

                   when other inmates from the family of the informant came to

                   rescue her, accused Ishtafil and Arshad Aassaulted Niyamuddin

                   by farsa inflicting cut injury on his head and accused Taruf, the

                   petitioner herein, and Seraj assaulted Md. Washim by Tangi

                   causing injury and all the accused persons are also alleged to
Patna High Court CR. MISC. No.91882 of 2025(2) dt.15-01-2026
                                            2/3




          tore the cloth of informant and also snatched away her golden

          chain and cash of Rs.50000/- from the house of informant,

          hence the present case.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. He further submits that there is case and counter

          case between the parties and the petitioner has only one criminal

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the fact that there was free fight between the

          parties and both sides have sustained injuries and that there is

          case and counter case between the parties and also the fact that

          the petitioner has one criminal antecedent, I am inclined to grant

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate/Court

          concerned, in connection with Bhagwanpur Hat P.S. Case No.
            Patna High Court CR. MISC. No.91882 of 2025(2) dt.15-01-2026
                                                        3/3




                      36 of 2023, subject to the conditions laid down under section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                  (Alok Kumar Sinha, J)
sanjeev/-

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