Patna High Court
Manjoor Ansari @ Md. Manjoor AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Negotiable Instruments Act — s. 109(1), 115(2), 117(2), 118(2), 126(2)
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
Checking your session…