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Patna High Court

Kurwan AnsariversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.16909 of 2026(2) dt.25-03-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.16909 of 2026(2) dt.25-03-2026
                                            3/4




                       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.
           Patna High Court CR. MISC. No.16909 of 2026(2) dt.25-03-2026
                                                       4/4




                                  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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