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Patna High Court

Md. Chand @ Md. Ayan Ansari @ ChandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions prescribed under the BNS, 2023.

Summary

The petitioner, Md. Chand, sought relief from imminent arrest in a criminal case (Wazirganj P.S. Case No. 206 of 2025) filed under several sections of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that the informant was looted and identified the petitioner as one of the accused. The petitioner contended that he is innocent and that the informant’s complaint is motivated by a long‑standing personal and civil dispute involving his sister’s complaint and title suit. The informant and the State opposed bail, arguing that the petitioner had been positively identified. The Court, noting the enmity between the parties and the possibility of arrest, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his identification in the FIR.
  • Whether the personal enmity and pending civil disputes justify the grant of anticipatory bail under the Bhartiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • personal enmity
  • identification of accused
  • Bhartiya Nyaya Sanhita
  • Section 126
  • Section 115(2)
  • Section 303(2)
  • Section 352
  • Section 351(2)
  • Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20227 of 2026
                       Arising Out of PS. Case No.-206 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Md. Chand @ Md. Ayan Ansari @ Chand S/o Md. Nijam Ansari @ Md.
                 Nezam Mian @ Md. Nezam Ansari R/o vill - Malikpur, Post - Khanpur, P.S.-
                 Wazirganj, Distt.- Gaya Jee
                                                                         ... ... Petitioner/s
                                              Versus
                  The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr .Onkar Nath, Advocate
                 For the State           :        Mr. Mritunjay Kumar Nirala, APP
                 For the informant       :        Ms. Priya Ranjan, Advocate
                                                  Mr. Mukesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   07-05-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for the Informant.

                                2. The petitioner is apprehending arrest in connection

                   with Wazirganj P.S. Case No. 206 of 2025, dated 14.04.2025,

                   lodged under Sections 126, 115(2), 303(2), 352, 351(2) & 3(5)

                   of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as

                   “BNS, 2023”).

                                3. As per the prosecution, FIR has been lodged

                   against one named and two unknown accused persons including

                   the present petitioner. It has been alleged in the FIR that the

                   informant was subjected to loot and he has identified the

                   petitioner out of the rest of the accused persons, on the basis of

                   which he has filed the case against them.
Patna High Court CR. MISC. No.20227 of 2026(3) dt.07-05-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that the informant and the petitioner are well

          known to each other. Counsel further submits that a long-

          pending dispute is going on between the informant and the

          petitioner’s family, as the petitioner’s sister has already filed

          Complaint Case No. 1235 of 2021 against the informant. Not

          only this, a title suit is also pending between the petitioner’s

          sister and the informant, bearing Title Suit No. 636 of 2021, in

          which the petitioner used to actively support his sister. It is

          further submitted that the informant, with a view to teach the

          petitioner a lesson and to prevent him from supporting his sister,

          has filed the present criminal case against him.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that this is a case in

          which the petitioner has been identified and there is direct

          allegation against him. Therefore, his bail application may be

          rejected.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that from the pending

          criminal cases between the sister of the petitioner and the

          informant, i.e., the complaint case and the title suit, it transpires
          Patna High Court CR. MISC. No.20227 of 2026(3) dt.07-05-2026
                                                      3/3




                    that there is previous enmity between the parties.

                                 7. Considering the facts and circumstances of the

                    present case, let the above-named petitioner be released on

                    anticipatory bail, in the event of arrest or surrender before the

                    Trial Court within a period of 4 weeks from today, on furnishing

                    bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                    mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of C.J.M., Gaya, in connection with Wazirganj P.S.

                    Case No. 206 of 2025, subject to the conditions as laid down

                    U/s 482(2) of the BNSS, 2023.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U     T


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