Patna High Court
Md Ansar @ Md Ansar AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioners' clean antecedent and the circumstances of the case, anticipatory bail may be granted subject to prescribed conditions.
Summary
The petitioners, Md Ansar and Kamar Jahan, sought anticipatory bail fearing arrest in a case (Kewati PS Case No.285 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that they, along with co‑accused, attempted to construct a house on land claimed by the informant and that petitioner No.1 assaulted the informant’s family, causing injuries. The petitioners contended that the dispute was a genuine land conflict, that injuries were mutual and minor, that there was an unexplained six‑day delay in filing the FIR, and that they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the clean record, the nature of the allegations, and the possibility of surrender within six weeks, granted anticipatory bail subject to a Rs.10,000 bond per petitioner with two sureties and conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the delay in lodging the FIR and the nature of the allegations justify denial of bail.
- Whether the existence of a land dispute and mutual injuries affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 245, 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- land dispute
- assault
- FIR delay
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11170 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
1. Md Ansar @ Md Ansar Ahmad S/o Md Khalil R/o Village- Chhatwan, P.S-
Kewati, Distt.- Darbhanga, Bihar.
2. Kamar Jahan @ Bilkis @ Pano Khatoon W/o Late Safi Akhtar @ Mujahir
R/o Village- Chhatwan, P.S- Kewati, Distt.- Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate.
Mr. Nouman Ahmad, Advocate.
Mr. Vivek Kumar, Advocate.
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
For the Informant : Mr. Kedar Jha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-04-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in connection
with Kewati P.S. Case No.285 of 2025 instituted under Sections
126(2), 115(2), 118(1), 245, 74, 109, 351(2), 352, 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, petitioner no.1
alongwith co-accused Md. Dablu @ Khurshid and Md. Altaf
tried to build a house on the ancestral land of the informant
which was opposed by the informant. It is further alleged that on
the the order of petitioner no.2, accused persons including the
Patna High Court CR. MISC. No.11170 of 2026(3) dt.23-04-2026
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petitioner no.1 assaulted the informant and her family members
causing injury to them.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits that there is admitted land dispute
between the parties, due to which a free fight taken place, in
which both the parties received injuries. Learned counsel
submits that the injury to the injured is simple in nature. He
further submits that there is delay of about 6 days in lodging the
F.I.R. without any plausible explanation. Learned counsel
submits that the allegation against the petitioners are general
and omnibus. He further submits that petitioners have got clean
antecedent and they undertake to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the informant opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioners as well as their clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioners be released
on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
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Thousand) each with two sureties of the like amount to each to
the satisfaction of the learned Additional Chief Judicial
Magistrate-IX, Darbhanga, District Darbhanga/ concerned Court
in connection with Kewati P.S. Case No.285 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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