Patna High Court

Hasmuddin Ansari @ Hasmaddin AnsariversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to petitioner no.1 subject to conditions, and the anticipatory bail application for petitioner no.2 was dismissed as withdrawn.

Summary

Petitioners Hasmuddin Ansari and Mukhtar Ansari filed an anticipatory bail application. The counsel for petitioner no.2 sought to withdraw the application because he had already been arrested, and the court permitted the withdrawal. The court then considered the anticipatory bail for petitioner no.1, who was apprehended for offences under Sections 126(2), 115(2), 117(2), 118(2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleged to have assaulted a person with a sword. The petitioner claimed innocence, a simple injury, and a clean antecedent, while the State opposed bail. Weighing the facts, the court granted anticipatory bail to petitioner no.1 with a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the BNSS, to be effected within eight weeks of arrest.

Issues considered

Whether anticipatory bail should be granted to petitioner no.1 in view of the alleged offences and circumstances.
Whether the anticipatory bail application for petitioner no.2 can be withdrawn after his arrest.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(2), 126(2), 3(5)
BNSS — s. 482(2)

Subjects

anticipatory bail
assault with sword
clean antecedent
bail bond
sureties
Section 27 Arms Act
Bharatiya Nyaya Sanhita
Section 482(2) BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19596 of 2026
                        Arising Out of PS. Case No.-102 Year-2025 Thana- Anandpur District- Banka
                 ======================================================
           1.     Hasmuddin Ansari @ Hasmaddin Ansari S/o Late Newal Miyan R/o Village
                  - Surangi, Police Station - Anandpur (Bhairoganj), District - Banka
           2.    Mukhtar Ansari @ Md. Mukhtar S/o Rafid Ansari R/o Village - Surangi,
                 Police Station - 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. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                  Learned counsel for the petitioners seeks permission

                   to withdraw this anticipatory bail application with regard to

                   petitioner no. 2 as he has already been arrested during pendency

                   of the case.

                                2. Permission is granted.

                                3. This anticipatory bail application with regard to

                   petitioner no. 2 is, accordingly, dismissed as withdrawn.

                                4. Heard learned counsel for the petitioner and the

                   State.

                                5. Petitioner no. 1 apprehends arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 118(2), 109(1), 3(5) of the Bharatiya Nyaya
            Patna High Court CR. MISC. No.19596 of 2026(2) dt.05-05-2026
                                                        2/2




                      Sanhita and Section 27 of the Arms Act.

                                   6. As per F.I.R., this petitioner assaulted one Isrel

                      Ansari by means of sword.

                                   7. Learned counsel for the petitioner submits that

                      petitioner is innocent and has committed no offence. Injury,

                      allegedly, caused by this petitioner is simple in nature. Petitioner

                      claims clean antecedent.

                                   8. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   9. Considering backdrop of the case, nature of

                      accusation, injury and clean antecedent, this anticipatory bail is

                      allowed and it is ordered that let the above named petitioner no.

                      1 in the event of his arrest/surrender before the court below

                      within a period of eight weeks from today, be enlarged on bail

                      on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Banka in connection with Anandpur

                      P. S. Case No. 102 of 2025, subject to condition as laid down

                      under Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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