Patna High Court
Kudrat Ansari @ KudratversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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