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Patna High Court

Md. Mahtab @ Mahtab @ Md. Mahtab AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Md. Mahtab Ansari, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 351(2), 351(3), 352 and 3(5) of the B.N.S., alleging that he had assaulted the informant with a sword. The prosecution alleged a serious assault, while the petitioner contended that the incident was a minor dispute resulting in only simple injuries and that he has a clean antecedent. The State and the informant opposed the bail application. The Court examined the nature of the alleged injuries, the case‑and‑counter‑case between the parties, and the petitioner’s clean record. Considering these factors, the Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S.
  • Whether the petitioner poses a flight risk or threat to the investigation
  • Whether the nature of the alleged injury justifies denial of bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • assault
  • sword
  • criminal procedure
  • Section 482
  • bail bond
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19928 of 2026
                         Arising Out of PS. Case No.-550 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Md. Mahtab @ Mahtab @ Md. Mahtab Ansari Son of Noor Mohammad R/o
                 Village - Nimarang, Ward no. 27, P.S. and Dist. - Jamui.

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Satya Prakash Parasar, Advocate
                 For the State            :        Mr. Uday Pratap Singh, APP
                 For the Informant        :        Ms. Ankita Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

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

                   115(2), 109, 351(2), 351(3), 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, this petitioner is alleged to

                   have assaulted on the head of informant with sword.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, on account of petty

                   dispute, a simple maar-peet took place in which both sides

                   sustained injuries. There is case and counter-case. As per injury
             Patna High Court CR. MISC. No.19928 of 2026(2) dt.08-04-2026
                                                         2/2




                       report, the injury alleged caused by this petitioner is simple in

                       nature. Petitioner claims clean antecedents.

                                    5. Learned A.P.P. for the State and learned counsel for

                       the informant have vehemently opposed the prayer for grant of

                       anticipatory bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, case and counter-case between the parties, nature of

                       injuries allegedly caused by this petitioner and clean antecedents

                       of the petitioner, the prayer for grant of anticipatory bail to the

                       petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner 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,

                       Jamui in connection with Jamui P.S. Case No. 550 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



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

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