Md. Tahir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2601 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- PRANPUR District- Katihar ====================================================== Md. Tahir Son of Late Kalimuddin Resident of Chikni Tola, P.S.- Pranpur, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Pranpur P.S. Case No. 136 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 303(2), 308(3), 352, 351(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the allegation against the petitioner is that he along with other co-accused persons initially abused and thereafter assaulted the informant and one another. It has further been alleged that he has also snatched away Rs. 25,500/- from the informant.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with concocted story. It has been submitted that the injuries sustained
2/4 by the informant were found to be simple in nature. It has further been submitted that there was case and counter-case for the said occurrence and injuries were also sustained on the petitioner's side. It has next been submitted that the incident has started on a scuffle only because the children had initiated the fight among themselves. It has lastly been submitted that the petitioner carries two criminal cases and he is on bail in both the cases.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Pranpur P.S. Case No. 136 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:-
3/4 (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
4/4
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U