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Patna High Court

Kudrat Ansari @ KudratversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Pre‑arrest bail was denied as the petitioners were found to have participated in the assault on police officials.

Summary

The petitioners, a group of eight residents of Khagra Machhmara, sought pre‑arrest bail after the police alleged that they, along with petitioner No.1, attacked a police team while the latter was executing a separate case. The prosecution claimed the accused were armed and assaulted the police, leading to the release of petitioner No.1 from custody. The petitioners contended that they were falsely implicated, arguing that the charge of assault was vague and lacked specific allegations of overt acts against them. The State opposed the bail application, emphasizing the seriousness of assaulting law‑enforcement officers. The Court, after considering the allegations that the petitioners participated in the attack on police officials, rejected the prayer for pre‑arrest bail.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite allegations of assaulting police officers under the Nyaya Sanhita.

Subjects

  • pre‑arrest bail
  • assault on police
  • Nyaya Sanhita
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1053 of 2026
                   Arising Out of PS. Case No.-502 Year-2025 Thana- KISHANGANJ District- Kishanganj
                 ======================================================
           1.     Kudrat Ansari @ Kudrat S/O Late Makira Ansari Resident of Village-
                  Khagra Machhmara, P.S.- Kishanganj, District- Kishanganj
           2.    Md. Nasim @ Nasim Son of Nur Mohammad @ Jharuwa Resident of
                 Village- Khagra Machhmara, P.S.- Kishanganj, District- Kishanganj
           3.    Musharraf Ansari @ Musharraf Son of Late Makira Ansari Resident of
                 Village- Khagra Machhmara, P.S.- Kishanganj, District- Kishanganj
           4.    Aslam @ Aslam Alam Son of Islam @ Md Kurban Resident of Village-
                 Khagra Machhmara, P.S.- Kishanganj, District- Kishanganj
           5.    Sakil @ Md Shahjada Son of Sahid @ Md Sahid Resident of Village-
                 Khagra Machhmara, P.S.- Kishanganj, District- Kishanganj
           6.    Lal Bano @ Lal Banu Wife of Late Makira Ansari Resident of Village-
                 Khagra Machhmara, P.S.- Kishanganj, District- Kishanganj
           7.    Kayum Son of Sikandar @ Afak Ansari Resident of Village- Khagra
                 Machhmara, P.S.- Kishanganj, District- Kishanganj
           8.    Bittu @ Md Bittu Son of Late Kamruddin Resident of Village- Khagra
                 Machhmara, P.S.- Kishanganj, District- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                        Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in connection with

                   Kishanganj P.S. Case No. 502 of 2025 registered for the offence

                   punishable under Sections 190, 191(3), 126(2), 115(2), 117(2),

                   118(2), 109(1), 132, 74, 262, 263(a) and 265 of Bharatiya
              Patna High Court CR. MISC. No.1053 of 2026(2) dt.22-01-2026
                                                          2/2




                        Nyaya Sanhita.

                                     3. As per the prosecution case, when police officials

                        apprehended petitioner no. 1 in connection with other case, he

                        and his associates, including these petitioners, armed with

                        weapons, attacked the police team.

                                     4. Learned counsel for the petitioners submits that the

                        petitioners are innocent and have falsely been implicated in this

                        case. Allegation of assault is general and omnibus and there is

                        no specific accusation of any overt act against these petitioners.

                                     5. Learned counsel for the State opposes the prayer

                        for bail.

                                     6. Considering the fact that these petitioners attacked

                        police officials while they were performing there duties and got

                        released petitioner no. 1 from police custody, prayer for pre-

                        arrest bail of the petitioners is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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