Patna High Court
Sarfraj Ansari @ Sarfraj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to all petitioners subject to bond and surety conditions under Section 482(2) of the CrPC.
Summary
The petitioners, five residents of Radhiya Rai Tola, sought anticipatory bail after an FIR was lodged alleging their involvement in a violent altercation over the demolition of a boundary wall on 18 July 2025. The informant claimed that the accused, including the petitioners, assaulted several villagers, causing grievous injuries. The petitioners contended that they have clean antecedents, that the FIR does not specifically allege assault by petitioners 1, 2, 3, 5, and that the allegation against petitioner 4 is exaggerated. The State and the informant opposed the bail, citing the seriousness of the offences listed under the IPC. Considering the lack of specific allegations and the petitioners’ clean record, the Court exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging offences under multiple sections of the IPC
- Whether the allegations against petitioners 1, 2, 3 and 5 are specific enough to deny bail
- Whether the allegation against petitioner 4 is exaggerated and warrants denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 324(4), 351(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482 CrPC
- clean antecedent
- false implication
- boundary dispute
- assault
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17022 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
1. Sarfraj Ansari @ Sarfraj Alam S/o Azajul Hussain @ Azaz Hussain R/o
Village- Radhiya Rai Tola, P.S.- Govindganj, District- East Champaran
2. Mohammad Azam S/o Azajul Hussain @ Azaz Hussain R/o Village-
Radhiya Rai Tola, P.S.- Govindganj, District- East Champaran
3. Azajul Hussain @ Azaz Hussain S/o Langatu Miya @ Ismayal Miya R/o
Village- Radhiya Rai Tola, P.S.- Govindganj, District- East Champaran
4. Aklaku Rahman @ Sonu @ Ekhlakur Rahman S/o Nazir Miya @ Nazir
Hussain R/o Village- Radhiya Rai Tola, P.S.- Govindganj, District- East
Champaran
5. Hasan Hussain @ Md. Hasan Babu S/o Muslim Ali R/o vill - Shreepur Tola
Rampur, P.S.- Sugauli, Distt.- East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
For the Informant : Mr. Mohan Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 324(4), 352,
351(2) of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 18.07.2025 at 10:00 am he was sitting at his door
Patna High Court CR. MISC. No.17022 of 2026(2) dt.08-04-2026
2/4
when Ejazul Hussain started demolishing his boundary wall, on
objection, Ejazul called fourteen named accused persons
including the petitioners and the accused persons started
assaulting him, further, Hasmuddin assaulted Irfan by farsa
causing injury on head, thereafter Ekhrakul assaulted Ambaya
Khatoon by rod causing injury on head and Tahid assaulted
Nawab by rod causing injury on head, thereafter on alarm
villagers gathered and injured were taken to hospital and
condition of Irfan is critical.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that from perusal of the
allegation as alleged in the FIR it would manifest that on
account of dispute relating to demolition of boundary wall on
the land, the occurrence is alleged to have taken place. It is
further submitted that the land belongs to the side of the
petitioner on which boundary wall was constructed by the
informant and his side on account of which an altercation took
place and both side assaulted each other. It is further submitted
that from perusal of the allegation as alleged in the FIR it would
manifest that no specific allegation of assault is alleged against
petitioner nos. 1, 2, 3 and 5 though petitioner no. 4 is alleged to
Patna High Court CR. MISC. No.17022 of 2026(2) dt.08-04-2026
3/4
have assaulted Ambaya Khatoon causing injury on head but
then from perusal of the order impugned it would manifest that
the same records the injury of the injured and has specifically
recorded the name of three injured i.e., Irfan Ansari, Nawab Ali
and Noor Alam and their injuries are opined to be grievous but
then the order impugned does not record that Ambaya Khatoon
was also injured in the occurrence, it is next submitted that as
far as allegation against petitioner no. 4 of assaulting Ambaya
Khatoon is alleged, the same is exaggerated. It is also submitted
that petitioners are not criminals.
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the prayer for anticipatory bail of the
petitioners.
6. Learned counsel for the informant submits that
Tauhid Ansari had approached this Court seeking anticipatory
bail by filing Cr. Misc. No. 17333 of 2026 and the same came to
be rejected by an order dated 25.03.2026 passed by a learned
Coordinate Bench on which the learned counsel appearing on
behalf of the petitioners submits that Tahid Ansari is alleged to
have assaulted Nawab Ali whose injured is opined to be
grievous in nature.
7. Considering the submissions made by the learned
Patna High Court CR. MISC. No.17022 of 2026(2) dt.08-04-2026
4/4
counsel for the parties and also taking into consideration the fact
that petitioners are persons with clean antecedent and no
specific allegation of assault is alleged against the petitioner no.
1,2,3, 5 and allegation of assault against petitioner no. 4 is
exaggerated, the petitioners above-named, in the event of their
arrest or surrender before the learned trial court within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned trial court where the case is pending/successor
court in connection with Govindganj P.S. Case No. 184 of 2025
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
Checking your session…