Patna High Court
Danish Ansari @ Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioners are entitled to bail under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, Danish Ansari and Juman Ansari, were accused in a 2022 FIR for multiple offences under the Indian Penal Code, including assault and rioting. They claimed that the specific allegation of assault pertained only to co‑accused Jawed and Junaid, and that the charge against them was a general, omnibus accusation. The petitioners also asserted a clean antecedent and feared arrest. The State opposed the bail application. The Court, considering the clean antecedent and the nature of the accusation, granted bail to the petitioners upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite the serious IPC charges
- Whether the specific accusation of assault applies to the petitioners or only to co‑accused Jawed and Junaid
- Whether the petitioners' clean antecedent warrants bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- clean antecedent
- specific accusation
- Section 482
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2124 of 2026
Arising Out of PS. Case No.-587 Year-2022 Thana- BARACHATTI District- Gaya
======================================================
1 . Danish Ansari @ Md. Danish Son Md. Yunus Ansari @ Md. Yunush R/o
Village - Motichak, P.S. - Mohanpur, Dist. - Gaya.
2. Juman @ Guddu @ Suhaib Ansari Son of Md. Sarfuddin Ansari R/o Village
- Motichak, P.S. - Mohanpur, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar , Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 147, 148 ,
149, 341 , 323 , 324, 325 , 307, 504 and 506 of IPC .
3 . As per F.I.R., on 08.07.2022 , when son of
informant and one Pappu Kumar went to purchase medicines,
all the accused persons including these petitioner came and
started abusing and assaulting them and when some persons
went to save them, then , they were also assaulted.
4. It is submitted on behalf of the petitioners that
specific accusation of assault is against co-accused Jawed and
Patna High Court CR. MISC. No.2124 of 2026(2) dt.31-01-2026
2/2
Junaid. Allegation of assault is general and omnibus against
these petitioners. Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid facts, clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
ACJM 1st Sherghati at Gaya in connection with Barachatti
( Mohanpur ) P.S. Case No. 587 of 2022 , subject to the
conditions laid down under section 482 ( 2 ) of the Bharatiya
Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…