Patna High Court
Inamul Ansari @ Inamun AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, in the absence of specific allegations against the petitioners and considering their clean antecedents, bail could be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Inamul Ansari, Md. Sayuf Ansari and Rahmat Ansari, sought bail fearing arrest in a case registered under the Bhartiya Nyaya Sanhita. The FIR alleged that the specific assault charge pertained only to co‑accused Yakub Ansari, while the petitioners faced only a general, omnibus allegation and claimed clean antecedents. The State opposed the bail application. The Court considered the lack of specific charges against the petitioners and the principle of liberty under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It ordered that the petitioners be released on bail if they surrender within eight weeks, upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to the conditions of Section 482. The bail order was directed to be recorded by the Chief Judicial Magistrate, Banka.
Issues considered
- What is the applicability of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in granting bail where the petitioners face only general allegations without specific charges?
- Whether the petitioners are entitled to bail despite the FIR naming a co‑accused for the specific assault.
Legislation cited
Subjects
- bail
- Section 482
- general allegation
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1775 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- BAUNSI District- Banka
======================================================
1. Inamul Ansari @ Inamun Ansari S/o- Yusuf Ansari R/v- Bena Mohanpur Ps-
Bounsi Dist- Banka
2. Md. Sayuf Ansari @ Sauf Ansari S/o- Makbul Ansari R/v- Bena Mohanpur
Ps- Bounsi Dist- Banka
3. Rahmat Ansari @ Rahaman Ansari S/o- Sayuf Ansari R/v- Bena Mohanpur
Ps- Bounsi Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratyush Pratap Singh
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 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 under Sections of the Bhartiya Nyaya
Sanhita.
3. Learned counsel for the petitioners submits that
from perusal of F.I.R., it is apparent that specific accusation of
assault is against co-accused Yakub Ansari, who is alleged to
have attacked Khurshid Ansari with Farsa. So far as these
petitioners are concerned, there is general and omnibus
allegation. Case and counter case. Petitioners claim clean
antecedent.
Patna High Court CR. MISC. No.1775 of 2026(2) dt.29-01-2026
2/2
4. Learned A.P.P. for the State has opposed the bail
petition.
5. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Banka in connection with Bounsi
P.S. Case No. 145 of 2025, subject to condition as laid down
under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
anay
U T
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