Patna High Court
Md. Minhaj Ansari @ Minhaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, three brothers from Sikaria village, sought anticipatory bail fearing arrest in a case (Karakat PS Case No. 205 of 2025) alleging their involvement in a communal riot on 13‑04‑2025. The prosecution alleged offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 132, 196 and 299 of the B.N.S. The petitioners contended that the allegations were vague, no specific overt act was mentioned, and that injuries were minor; they also highlighted that a co‑accused, Mithilesh Kumar, had already been granted anticipatory bail in a similar matter. The State opposed the bail on the ground of seriousness of the offences. The Court, noting the general and omnibus nature of the accusations and the principle of parity with the earlier bail order, allowed the petition for anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties and subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the accusations are general and omnibus in nature.
- Whether the petitioners are entitled to the same relief as a co‑accused who was previously granted anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- communal riot
- general allegations
- Section 482
- bail bond
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16786 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- KARAKAT District- Rohtas
======================================================
1. Md. Minhaj Ansari @ Minhaj Alam S/o Khurshid Alam R/o Village- Sikaria,
P.S - Karakat, District - Rohtas
2. Md. Jaid Alam @ Jaid Alam S/o Khurshid Alam R/o Village- Sikaria, P.S -
Karakat, District - Rohtas
3. Md. Arif @ Arif S/o Khurshid Alam R/o Village- Sikaria, P.S - Karakat,
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Manish Kumar No. 13, Advocate
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 109, 132, 196 and 299 of the
B.N.S..
3. Informant, Ritesh Kumar, Circle Officer, alleged
that on 13.04.2025, these petitioners, along with 35-40 people,
were involved in a communal riot.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.16786 of 2026(2) dt.29-04-2026
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have committed no offence. He further submits that for the same
occurrence, three separate cases were lodged. Apart from the
present case, Karakat P.S. Case No. 206 of 2025 was lodged by
petitioners’ side and Karakat P.S. Case No. 207 of 2025 was
lodged against these petitioners and others by one Khurshid
Alam, who got injured in the same occurrence. Moreover,
doctor has found the injury is simple in nature. Allegations are
general and omnibus and no specific accusation of any overt act
has been alleged against these petitioners. It is further submitted
that co-accused Mithilesh Kumar, having similar and identical
allegations, has already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
19.01.2026 passed in Cr. Misc. No. 91502 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and claim based
on parity, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.16786 of 2026(2) dt.29-04-2026
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petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-I,
Bikramganj in connection with Karakat P.S. Case No. 205 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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