Md. Tanweer Alam @ Tanweer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62385 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- ARRABARI District- Kishanganj ====================================================== 1.
Md. Tanweer Alam @ Tanweer Son of Late Kasiruddin Resident of VillageAam Bari (Arrabari) Ward no. 5, ps- Arrabari, Dist- Kishanganj 2.
Neha @ Neha Praveen wife of Md. Tanweer Alam @ Tanweer Resident of Village- Aam Bari (Arrabari) Ward no. 5, ps- Arrabari, Dist- Kishanganj 3.
Nazim @ Md. Nazim @ Nazim Alam son of Late kasiruddin Resident of Village- Aam Bari (Arrabari) Ward no. 5, ps- Arrabari, Dist- Kishanganj 4.
Sayeba Khatoon @ Sahaba Nikyat @ Sayaba Nikhat Wife of Nazim @ Md Nazim @ Nazim Alam Resident of Village- Aam Bari (Arrabari) Ward no. 5, ps- Arrabari, Dist- Kishanganj 5.
Gulesha Khatoon Wife of Late Kasirudduin Resident of Village- Aam Bari (Arrabari) Ward no. 5, ps- Arrabari, Dist- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-12-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioners and the State.
2. The petitioners are apprehending arrest in connection with Arrabari P.S. Case No. 18 of 2025 instituted under Sections 126(2), 109(1), 351(2), 329(3), 352, 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on 08.06.2025 by the informant, Md. Islam.
3. At the outset, learned counsel for the petitioners submit that he may be permitted to withdraw the anticipatory
2/4 bail applications of petitioner no.1, Md. Tanweer Alam @ Tanweer and petitioner no.3, Nazim @ Md. Nazim @ Nazim Alam. The anticipatory bail application against them stands rejected as withdrawn.
4. As per the prosecution story, the informant alleged that on minor issue of flowing of the rain water, heated discussion took place which followed the fight. The injured was shifted to a Hospital which followed the FIR.
5. Learned counsel for the petitioners submit that minor scuffle took place leading to certain injuries.
6. Learned APP, Mr. Bharat Bhushan on the other hand has taken this Court to the injury report to show that five stitches have been recorded so far as the lady Bachman is concerned. He submits that the two petitioners (petitioner nos.1 and 3) have played an active role in the said assault.
7. This Court has taken note of the fact that the anticipatory bail applications of petitioner no.1, Md. Tanweer Alam @ Tanweer and petitioner no.3, Nazim @ Md. Nazim @ Nazim Alam already stands withdrawn. So far as the other ladies are concerned, allegation is there, they being the ladies having no criminal antecedent, one of them is aged 58 years, in that background, this Court is inclined to extend them the
3/4 privilege of anticipatory bail.
8. Let the petitioners namely petitioner no.2, Neha @ Neha Praveen, petitioner no.4, Sayeba Khatoon @ Sahaba Nikyat @ Sayaba Nikhat and petitioner no. 5, Gulesha Khatoon be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Arrabari P.S. Case No. 18 of 2025 to the satisfaction of learned Chief Judicial Magistrate, Kishanganj subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner no.2, Neha @ Neha Praveen, petitioner no.4, Sayeba Khatoon @ Sahaba Nikyat @ Sayaba Nikhat and petitioner no. 5, Gulesha Khatoon who shall provide official document to show his/her bona fide;
(ii) the petitioner no.2, Neha @ Neha Praveen, petitioner no.4, Sayeba Khatoon @ Sahaba Nikyat @ Sayaba Nikhat and petitioner no. 5, Gulesha Khatoon shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail
4/4 cancellation of their bail bond by the Trial Court itself; (iii) the petitioner no.2, Neha @ Neha Praveen, petitioner no.4, Sayeba Khatoon @ Sahaba Nikyat @ Sayaba Nikhat and petitioner no. 5, Gulesha Khatoon shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner no.2, Neha @ Neha Praveen, petitioner no.4, Sayeba Khatoon @ Sahaba Nikyat @ Sayaba Nikhat and petitioner no. 5, Gulesha Khatoon shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Rajiv Roy, J) Ravi/- U T