Patna High Court
Sarafat AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, seven residents of Surangi village, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 117(2), 115(2), 118(2), 109(1), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act, arising from a dispute over the installation of solar lights that allegedly led to assaults with swords, spears, and firearms. The prosecution alleged that the petitioners participated in the assault, while the petitioners contended that the allegations were general, omnibus, and that there was a counter‑case, asserting clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court examined whether the allegations were specific enough to justify denial of anticipatory bail and considered the scope of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Finding no specific charge against the petitioners and noting the possibility of a counter‑case, the Court granted anticipatory bail subject to bond and surety conditions. The order directed that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in the present case
- Whether the allegations against the petitioners are sufficiently specific to deny anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(2), 126(2), 3(5)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- assault
- Arms Act
- Bhartiya Nyaya Sanhita
- solar lights dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1910 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- Anandpur District- Banka
======================================================
1. Sarafat Ansari S/o Late Newal Miyan R/o Village - Surangi, P.S - Anandpur
(Bhairoganj), District - Banka
2. Lukman Ansari @ Ukman Ansari S/o Habib Miyan R/o Village - Surangi,
P.S - Anandpur (Bhairoganj), District - Banka
3. Khurshid Ansari S/o Rafid Ansari R/o Village - Surangi, P.S - Anandpur
(Bhairoganj), District - Banka
4. Md. Sanaul @ Sanaul Ansari S/o Rafid Ansari R/o Village - Surangi, P.S -
Anandpur (Bhairoganj), District - Banka
5. Amrun Bibi @ Nanki @ Nanki Biwi W/o Late Nisar Ansari R/o Village -
Surangi, P.S - Anandpur (Bhairoganj), District - Banka
6. Safidan Khatoon @ Safidan Biwi W/o Mukhtar Ansari R/o Village -
Surangi, P.S - Anandpur (Bhairoganj), District - Banka
7. Sahina Bibi W/o Khurshid Ansari R/o Village - Surangi, P.S - Anandpur
(Bhairoganj), District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
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 126(2), 117(2),
115(2), 118(2), 109(1), 3(5) of the Bhartiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. As per prosecution case, a dispute arose over the
Patna High Court CR. MISC. No.1910 of 2026(2) dt.29-01-2026
2/3
installation of solar lights near the house of one Mukhtar. It is
alleged that during the dispute FIR named accused persons
including the petitioners assaulted the informant's side with
swords, spears and maces. Co-accused Manzoor Ansari fired
upon informant but he saved himself. Co-accused Hasmuddin
Ansari assaulted by means of sword to one Israil Ansari
causing him injury. Mukhtar Ansari assaulted Budhu Miyan
with barchhi causing injury to him.
4. Learned counsel for the petitioners submits that
both the parties are co-villager and there is case and counter
case between the parties. There is no specific allegation of
assault against these petitioners. There is general and omnibus
allegation against all the petitioners. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioners.
6. Considering the facts and circumstance of the case,
the prayer for anticipatory bail of petitioners is allowed. 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 Anandpur P.S. Case
Patna High Court CR. MISC. No.1910 of 2026(2) dt.29-01-2026
3/3
No. 102 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
Checking your session…