Patna High Court
Makbul AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners, subject to a bail bond and conditions under the BNSS, 2023.
Summary
The petitioners, Makbul Ansari and Bishal Sah, sought anticipatory bail fearing arrest in a case (Manjhagarh PS Case No. 226 of 2025) filed under Sections 126(2), 115(2), 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging they assaulted the informant’s son. The prosecution’s FIR claims the son was brutally injured, while the petitioners contend they are innocent and allege the informant’s son altered his story after a separate dispute involving a theft case against a member of the petitioners’ side. The State opposed bail, but the court examined the case diary, which recorded a grievous injury caused by a hard blunt object but did not identify the assailant. Finding insufficient material to link the petitioners to the injury, the court granted anticipatory bail, subject to a Rs.30,000 bond per petitioner and conditions under Section 482(2) of the BNSS, 2023. The order directs the petitioners to surrender within four weeks if arrested, ensuring their liberty pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita, 2023.
- Whether the material on record, including the case diary, establishes a prima facie case against the petitioners.
- Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023, are applicable.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 3(5), 482(2)
Subjects
- anticipatory bail
- assault
- Bhartiya Nyaya Sanhita
- criminal procedure
- injury
- bail bond
- Section 482
- Section 2(1)(d)
- case diary
- false complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13614 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
1. Makbul Ansari S/O Jainuddin Ansari R/O Vill.- Bhatwaliya, P.S.-
Manjhagarh, District- Gopalganj
2. Bishal Sah @ Vishal Sah @ Vishal Gupta S/O Brijkishor Sah R/O Vill.-
Bhatwaliya, P.S.-Manjhagarh, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Rai, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Manjhagarh P.S. Case No. 226 of 2025, dated
23.06.2025, lodged under Sections 126(2), 115(2), 109 & 3(5)
of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as
“BNS, 2023”).
3. As per the prosecution, FIR has been lodged
against four named accused persons, including the present
petitioners, alleging that they all assaulted the informant’s son,
due to which he was brutally injured and admitted to the
hospital
Patna High Court CR. MISC. No.13614 of 2026(3) dt.29-04-2026
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that the informant herself admitted in
the FIR that an earlier dispute had taken place with regard to
outraging the modesty of the informant’s daughter. Counsel
further submits that the said content is absolutely wrong and that
the actual facts are otherwise.
5. Counsel further submits that one member from the
petitioners’ side, namely, Ajay Kumar Sah, has filed a criminal
case with regard to theft committed in the temple, namely, Ram
Janki Mandir, and due to this reason, the informant’s son, along
with 5–6 friends, assaulted Ajay Kumar Sah and his son, for
which a criminal case has been lodged bearing Manjhagarh P.S.
Case No. 227 of 2025.
6. Counsel further submits that, with a view to save
his skin, the present case has been lodged, and the informant’s
son has completely changed the story and instituted the present
case. Furthermore, counsel submits that on the previous
occasion, the case diary and injury report had been called for.
7. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the case diary has
been called for.
Patna High Court CR. MISC. No.13614 of 2026(3) dt.29-04-2026
3/3
8. Upon perusal of the case diary, it transpires that the
injury is grievous in nature, caused by a hard and blunt
substance. However, it has not been stated anywhere in the
entire case diary as to who caused the injury.
9. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Gopalganj, in connection with
Manjhagarh P.S. Case No. 226 of 2025, subject to the conditions
as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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