Patna High Court
IRFAN ANSARI @ MD IRFAN ANSARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the B.N.S.S.
Summary
The petitioner, Irfan Ansari, was apprehended for alleged offences under several sections of the B.N.S., 2023 arising from a land dispute with the informant, who claimed he was assaulted and robbed of Rs.20,000 and a gold chain. The prosecution alleged that the petitioner, along with co‑accused, attacked the informant with a sword and other weapons, causing simple injuries. The petitioner argued that the incident was a spontaneous dispute between two Gotiya families, the injuries were minor, and he had a clean antecedent. The State opposed bail, citing the seriousness of the charges. The court, after reviewing the medical report and the circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedent and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner despite the pending charges under Sections 127(1), 115(2), 117(2), 109, 74, 352 and 351(1) of the B.N.S., 2023.
- Whether the land‑dispute context and the simplicity of the injuries justify bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 127(1), 351(1), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- bail
- criminal procedure
- assault
- theft
- land dispute
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13342 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Irfan Ansari @ Md Irfan Ansari Son of Jawed Ansari Resident of Village - Pir
Bigha, Police Station - Chakand in the district of Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Chakand P.S. Case No.278 of 2025, for having allegedly
committed offences under Sections 127(1), 115(2), 117(2), 109,
74, 352 and 351(1) of the B.N.S., 2023.
3. As per the prosecution case, on the written
application submitted by the informant before the S.H.O. of
Chakand police station with an allegation that while he was
constructing his wall on his land, all the accused persons
including the petitioner came and started abusing him and
attacked him. The petitioner is said to have gave a sword blow
on his head, as a result of which, he sustained injury and fell
down and other accused persons assaulted the informant with
Patna High Court CR. MISC. No.13342 of 2026(3) dt.01-04-2026
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Lathi, Danda and co-accused, Neyaz Ansari is alleged to have
snatched Rs.20,000/- and a chain made of gold from the
informant.
4. The learned counsel for the petitioner submits that
both the parties are Gotiyas and there is an admitted land
dispute between the parties. The alleged occurrence has taken
place in the spur of the moment and the injury found on the
person of the informant is simple in nature. It is also submitted
that the petitioner has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having considered the rival submissions and from
perusal of the injury report, which was called for vide order
dated 26.02.2026, it would transpire that in the opinion of the
doctor, the injuries were caused by hard and blunt substance and
are simple in nature, further the petitioner and the informant are
Gotiyas and there is an admitted land dispute in between them,
let the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks, be released on bail on
furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate-V, Gaya Ji in
Patna High Court CR. MISC. No.13342 of 2026(3) dt.01-04-2026
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connection with Chakand P.S. Case No.278 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
with a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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