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Patna High CourtCR. MISC./40853/2026bail granted

Md. Tanweer @ Md. Tanweer Alam v. The State Of Bihar

2026-06-24Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40853 of 2026 Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== Md. Tanweer @ Md. Tanweer Alam, S/o Bihari Quraishi @ Taslim Quraishi @ Md. Taslim Quraishi, R/o Village-Bela Sandhan (Bela Dargah), P.S.- Baligaon, Distt- Vaishali, State - Bihar ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Baligaon P.S. Case No.117 of 2025 registered under Sections 191(2), 191(3), 190, 323, 192, 132, 109, 351(2), 326(b), 324(6) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.') as well as Sections 3, 7 and 9 of the Bihar Control of the Use and Play of Loud Speakers Act, 1955.

3. As per FIR, on the alleged date of occurrence, Muharram procession was to proceed on National Highway along with loud D.J. music, which obstructed the movement of traffic and in the meantime, a motorcycle rider hit the bus

Patna High Court CR. MISC. No.40853 of 2026(2) dt.24-06-2026 2/3 coming from Samastipur as a result of which, petitioner and other co-accused persons put the bus on fire and assaulted the bus driver.

4. It is submitted by learned counsel appearing for petitioner that the allegation against this petitioner is very much general and omnibus in nature. It is pointed out that the allegation of assault is also not available against this petitioner. It is pointed out that total 36 persons made named accused persons with present crime in question, whereas 200 unknown persons were also implicated. It is submitted that several co-accused persons, having similar allegation were granted bail by learned co-ordinate Benches of this Court through Cr. Misc. No.15314 of 2026 dated 12.03.2026, through Cr. Misc. No.21504 of 2026 dated 10.04.2026 and Cr. Misc. No.32263 of 2026 dated 13.05.2026 and, therefore, as a matter of judicial parity, this petitioner also deserves bail. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual and legal

Patna High Court CR. MISC. No.40853 of 2026(2) dt.24-06-2026 3/3 submissions as the allegation against petitioner prima facie appearing very much general and omnibus in nature, coupled with the fact that similarly situated co-accused persons have been granted anticipatory bail by different co-ordinate Benches of this Court, accordingly, the petitioner, abovenamed, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released 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 Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Baligaon P.S. Case No.117 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T