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Patna High Court

Manjoor Ansari @ Md. Manjoor AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, finding that the lack of specific allegations warranted release on bail.

Summary

Manjoor Ansari and Abdul Gani were arrested in connection with a case alleging assault on an informant and his family and a missed gunshot, under Sections 126(2), 115(2), 117(2), 118(2) and 109(1) of the Bihar Negotiable Instruments Act. The petitioners contended that they were falsely implicated, that the FIR contained only general and omnibus allegations, that there were no eye‑witnesses, and that they had clean antecedents. The State opposed their regular bail. The Court examined the FIR and the impugned order and observed that the allegations were indeed general and no specific charge was made against either petitioner. Consequently, the Court ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate, 1st Class, Banka.

Issues considered

  • Whether bail can be granted when the FIR contains only general and omnibus allegations without specific charge against the accused

Legislation cited

Subjects

  • bail
  • general allegation
  • omnibus allegation
  • criminal procedure
  • false implication
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1097 of 2026
                        Arising Out of PS. Case No.-102 Year-2025 Thana- Anandpur District- Banka
                 ======================================================
           1.     Manjoor Ansari @ Md. Manjoor Ansari S/O Anjul Miyan R/O Village -
                  Surangi, P.S- Anandpur, District- Banka.
           2.    Abdul Gani S/O Manjoor Ansari @ Md. Manjoor Ansari R/O Village -
                 Surangi, P.S- Anandpur, District- Banka.
                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Brij Nandan Prasad, Adv
                 For the Opposite Party/s :        Mr.Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   15-01-2026                           Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are in custody in connection with

                   Anandpur P.S Case No. 102 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 117(2), 118(2),

                   109(1) BNS.

                                3. As per allegation in the FIR, petitioners along with

                   the other co-accused has assaulted the informant and the family

                   members.

                                4. Learned counsel for the petitioners submit that

                   petitioners have falsely been implicated in this case. He next

                   submits that there is general and omnibus allegation against the

                   petitioner. He further submits that petitioners have fired gunshot

                   but it missed and no one got injured. He further submits that as
            Patna High Court CR. MISC. No.1097 of 2026(2) dt.15-01-2026
                                                        2/2




                      far as petitioner no, 2 is concerned, there is no specific

                      allegation against him. He further submits that there is no eye

                      witness to the alleged occurrence He further submits that

                      petitioner is in custody since 12.10.2025 having clean

                      antecedent.

                                    5. However, learned APP for the State oppose the

                      prayer for regular bail of the petitioner.

                                   6. On perusal of the FIR and impugned order dated

                      09.12.2025, it appears that there is general and omnibus

                      allegation against the petitioner. Moreover, there is no specific

                      allegation against any of the petitioners. So, considering the

                      aforesaid facts and circumstances of the case and submissions

                      made on behalf of the learned counsel for the petitioners, let the

                      above named petitioners be released on bail on furnishing bail

                      bonds of Rs. 10,000/- (Ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Judicial

                      Magistrate, 1st Class, Banka in connection with Anandpur P.S

                      Case No. 102 of 2025.



                                                   (Ramesh Chand Malviya, J)
Sunnykr/-

U


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