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Patna High Court

K. Faisal @ Kamran FaisalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted, subject to conditions under Section 482(2) of the CrPC, given the vague nature of the allegations and the petitioners' clean record.

Summary

The petitioners, K. Faisal and Md. Basim Ansari, were accused in a case (PS‑183/2023) of assaulting an informant and his parents and committing theft, with charges under several IPC sections. They contended that the case was fabricated due to a land dispute between Gotia communities and that the allegations were vague, with only minor injuries proven. The State opposed their request for anticipatory bail. The Court examined the general and omnibus nature of the accusations, the minor injuries, and the petitioners' clean antecedents, and concluded that there was insufficient basis to deny bail. Consequently, the Court granted anticipatory bail, directing that if arrested within eight weeks, each petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The order was made by Justice Prabhat Kumar Singh.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the accusations are general, the injuries are minor, and the petitioners have clean antecedents?
  • Does Section 482(2) of the CrPC empower the court to conditionally release the petitioners on bail in this circumstance?

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • land dispute
  • false case
  • general allegations
  • clean antecedents
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1068 of 2026

                       Arising Out of PS. Case No.-183 Year-2023 Thana- BALIYA District- Begusarai
                 ======================================================
           1.    K. Faisal @ Kamran Faisal S/o Abdul Samad Ansari R/o- Village- Bari @
                 Barki Ballia South, Panchayat- Pokharia, P.s,division ,block-Ballia, Distt-
                 Begusarai, State-Bihar, Pin-851211.
           2.    Md. Basim Ansari S/o- Md. Azim Ansari R/o- Village- Bari @ Barki Ballia
                 South, Panchayat- Pokharia, P.s,division ,block-Ballia, Distt- Begusarai,
                 State-Bihar, Pin-851211.

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Arvind Kumar, Advocate
                 For the State            :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                  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 147, 341,

                   323, 324, 307, 504, 506 and 380 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   assaulted informant, his father and mother. It is further alleged

                   that these petitioners also committed theft in the house of

                   informant.
Patna High Court CR. MISC. No.1068 of 2026(2) dt.28-01-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Both parties are Gotiyas and due to

          land dispute, this false and concocted case has been lodged.

          Allegation of assault is general and omnibus 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. Rest of the allegations are superficial.

          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 C.J.M., Begusarai in
             Patna High Court CR. MISC. No.1068 of 2026(2) dt.28-01-2026
                                                         3/3




                       connection with Ballia P.S. Case No. 183 of 2023, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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