Patna High Court
Maulvi Alam Ansari @ Molbi AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond, sureties, and conditions, noting the doubtful nature of the allegations.
Summary
The petitioner, Maulvi Alam Ansari, was arrested in connection with a domestic dispute where the complainant alleged that he assaulted her and threatened her with a pistol, leading to the recovery of a firearm and cartridges. The prosecution charged him under several sections of the Bihar Negotiable Substitution (B.N.S.) and the Arms Act. The petitioner claimed innocence, asserting that the allegations were fabricated due to matrimonial discord and that the weapon was planted by the complainant and her relatives, constituting malicious prosecution. The State opposed bail, while the petitioner’s counsel sought release. Considering the doubtful nature of the allegations and the petitioner’s clean antecedent, the court ordered bail on a bond of Rs.10,000 with two sureties and specific conditions. The bail order was subject to compliance with Section 482(2) of the B.N.S. and attendance at trial dates.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the B.N.S. and the Arms Act
- Whether the allegations against the petitioner are sufficiently credible to deny bail
Legislation cited
Subjects
- bail
- domestic violence
- assault
- threat with firearm
- Arms Act
- malicious prosecution
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14886 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Maulvi Alam Ansari @ Molbi Alam Son of Jainudin Ansari Resident of
Village - Lahi, Ward No. - 3, P.S. - Madhuban, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv.
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Madhuban P.S. Case No.245 of 2025
registered for the alleged offences under Section 126(2), 115(2),
351(2), 351(3), 85, 3(5) of the BNS and Section 25(1-B)(a), 26 of
the Arms Act.
03. As per prosecution case, the petitioner is married
with the informant and allegation is that he used to assault his wife
and she mostly stayed in her parental home. On the date of
occurrence, i.e., on 07.04.2025 when the informant went to her
matrimonial home, the petitioner and coaccused abused and
assaulted her and the petitioner threatened the informant showing a
pistol and told her to leave his house. The informant called the
Patna High Court CR. MISC. No.14886 of 2026(2) dt.03-04-2026
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police and at the instance of the informant, recovery of a pistol and
few cartridges were made from the room of the coaccused.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
The petitioner never subjected the informant to any torture or
cruelty. However on account of matrimonial discord, the petitioner
has been falsely implicated in this case by planting the pistol and
cartridges by the informant with the help of her brother and her
uncles who have been made seizure list witnesses. It is a case of
malicious prosecution. The petitioner is having clean antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of Court of learned JMFC, East
Champaran, Motihari in connection with Madhuban P.S. Case
No.245 of 2025, subject to the condition laid down under Section
482(2) of the B.N.S.S. and other following conditions:
Patna High Court CR. MISC. No.14886 of 2026(2) dt.03-04-2026
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(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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