Patna High Court
Kurwan AnsariversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ALOK KUMAR SINHA
Holding
Since Halim Miyan is only alleged to be an instigator and not directly involved in the assaults, the court granted him anticipatory bail, whereas it denied bail to the other petitioners who face serious assault charges.
Summary
The petitioners—Kurwan Ansari, Halim Miyan and Samsher Ansari—sought anticipatory bail in a case registered under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code relating to a violent land‑dispute incident. The prosecution alleged that the accused assaulted several villagers, with Halim Miyan described only as the alleged instigator and not as a direct assailant. The petitioners claimed innocence and asserted that the charges were false and stemmed from a land dispute. The State opposed the bail applications. The court examined the nature of the allegations and, noting the absence of any charge of assault against Halim Miyan, granted him anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, while rejecting bail for Kurwan Ansari and Samsher Ansari due to serious assault allegations. The order also directed verification of Halim Miyan’s criminal antecedents and stipulated bail bond conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure and Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the nature of the allegations against each petitioner justifies the grant or denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 438 CrPC
- Section 482 Bharatiya Nagarik Suraksha Sanhita
- land dispute
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16909 of 2026
Arising Out of PS. Case No.-285 Year-2023 Thana- CHAKAI District- Jamui
======================================================
1. Kurwan Ansari Son of Suleman Miyan Resident of Village- Patauva PS
-Chakai District -Jamui
2. Halim Miyan son of Jundali Miyan Resident of Village- Patauva PS -Chakai
District -Jamui
3. Samsher Ansari Son of Md. Rajjak Ansari Resident of Village- Patauva PS
-Chakai District -Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Kumar Sinha
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 147, 148,
149, 341, 323, 324, 307 and 504 of the Indian Penal Code in
connection with Chakai P.S.Case No. 285 of 2023.
3. The case of prosecution in short is that on
29.08.2023 informant Rubi Bibi submitted an application to the
Chakai Police Station allegation there in that on 28.08.2023 at
08:30 morning she came to know that Co-Villager Latal Miyan
and Jhudo Miyan plowing her agriculture field, she inform to
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her father-in-law, brother-in-law and thereafter they reached at
her agriculture filed and objected and ask why they plowing her
agriculture field upon which 17 named and along with unknown
persons lashed with Lathi, Rod, Tangi attacked upon them badly
assaulted and injured them. On the alarm of cry villagers
gathered and save them, Chakai Police brought them to Primary
Health Centre, Chakai for treatment. It, is further alleged that
accused persons assaulted them on the order of Halim Miyan
and Amina Bibi. Further stated that accused Kurwan Ansari
assaulted to Samsher Ansari by a Tangi, accused Samsher
Ansari assaulted to Uddin Miyan by means of rod on his head
and accused Usman Ansari assaulted to Mustafa Ansari by rod.
All accused persons assaulted to her family members some are
refer to Jamui thereafter some are refer to Patna for better
treatment. On the basis of aforesaid present F.I.R. has been
registered against 17 named and unknown persons.
4. The learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
the present case on account of land dispute. The petitioners bear
clean background.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
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6. Considering the aforesaid facts and circumstances
of the case, it transpires that Halim Miayan has been alleged to
be the instigator, but there is no allegation against him of having
assaulted anyone. In such view of the matter, I am inclined to
grant privilege of anticipatory bail to Haliam Miyan (petitioner
no.2). Accordingly, in the event of his arrest or surrender within
four weeks from today, be enlarged on bail on furnishing 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, Jamui in connection with
Chakai P.S.Case No. 285 of 2023, subject to the conditions laid
down under section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and subject to further condition that :-
(i) the petitioner no.2 shall co-operate in the
investigation/ trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner no.2 and in case it is found
that the petitioner no.2 has concealed his criminal antecedent,
the Court below shall take step for cancellation of bail bond of
the petitioner no.2. However, it is expected that the verification
process would be done expeditiously without causing any delay.
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7. So far as other petitioners are concerned, there is
serious allegation against them of having assaulted on the vital
parts of the body, which has led to grievous injuries and,
therefore, I am not inclined to grant anticipatory bail to Kurwan
Ansari (petitioner no.1) and Samsher Ansari (petitioner no.3).
Their prayer for bail is accordingly rejected.
(Alok Kumar Sinha, J)
HR/-
U T
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