Created by Fuzzy Cloud

Patna High Court

Danish Ansari @ Md. DanishversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.