Tabarak Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86066 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- ARIYARI District- Sheikhpura ====================================================== 1.
Tabarak Khan Son of Taslim Khan @ Tasleem khan R/o Village - Ariyari, P.S. - Ariyari, Dist. - Sheikhpura.
2.
Taslim Khan @ Tasleem Khan Son of Late Kusho Khan R/o Village - Ariyari, P.S. - Ariyari, Dist. - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Prince Kumar Mishra, Advocate For the State :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 303(2), 109, 351(2), 352, 118(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on 29.07.2025 at about 4 PM, all the F.I.R. named accused persons, including these petitioners, armed with lathi, danda and iron rod, came and started abusing the informant and on protest, all of them assaulted him.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.86066 of 2025(2) dt.07-01-2026 2/3 have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assaulting on the head of informant is against co-accused Saddam Khan. So far as these petitioners are concerned, there is general and omnibus allegation of assault and no specific accusation of overt act has been alleged against these petitioners. Doctor has found the injuries, sustained by the injured, simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheikhpura in connection with Ariyari
Patna High Court CR. MISC. No.86066 of 2025(2) dt.07-01-2026 3/3 P.S. Case No. 102 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T