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Patna High Court

Sarafat AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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