Patna High Court
Md. Mahtab @ Mahtab @ Md. Mahtab AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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