Patna High Court
Naushad Ansari @ Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is denied to petitioner No.1 but granted to petitioner No.2 with conditions.
Summary
The petitioners Naushad Ansari and Riyajul Haque sought anticipatory bail in connection with Rohtas P.S. Case No. 192 of 2025, which alleges stabbing, assault and robbery under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution contends that Naushad stabbed the informant’s brother, causing serious injury, while Riyajul was alleged to have taken part in the assault but without a grave charge. The petitioners claim they are innocent, victims of village politics, and that Riyajul is the informant’s brother‑in‑law with no criminal record. The Court examined the seriousness of the alleged offences, the presence of a violent act, and the petitioners’ antecedents under Section 482(2) of the B.N.S. 2023. It refused anticipatory bail to Naushad, deeming the stabbing a serious offence, but granted bail to Riyajul subject to a bond, sureties and conditions, including verification of his antecedent. The order reflects the Court’s discretion to grant bail only where the offence is not of a serious nature and the accused has a clean record.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 (Naushad Ansari) under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the seriousness of the alleged stabbing
- Whether anticipatory bail should be granted to petitioner No.2 (Riyajul Haque) under the same provision considering his alleged involvement and clean antecedent
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(3), 303(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- stabbing
- robbery
- bail conditions
- serious offence
- criminal antecedent
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21357 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- ROHTAS District- Rohtas
======================================================
1. Naushad Ansari @ Naushad Alam S/O Md Kalim Ansari R/o Village -
Sheikapura, P.S. - Nauhatta, Bhadara, District - Rohtas (Bihar)
2. Riyajul Haque S/o Ajimulla Ansari R/o Village Uchaila, P.S. Rohtas, District
-Rohtas (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Varun Krishna Singh, Adv
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Rohtas P.S. Case No. 192 of 2025, registered for the
offence punishable under Sections 115(2), 109(1), 126(2), 352,
191(3), 303(2), of the B.N.S., 2023.
3. The case of the prosecution, in short, is that
informant's brother owns a wholesale shop. On 06.09.2025, the
informant came to Akbarpur to demand payment. After
receiving the outstanding payment, at around 3:30 pm, five
individuals arrived on two motorcycles 30 meters north of the
Bajaj showroom. They surrounded the informant's brother and
Patna High Court CR. MISC. No.21357 of 2026(2) dt.08-04-2026
2/4
began assaulting him. During the altercation, Naushad Ansari
stabbed the informant's brother in the chest with a knife, causing
bleeding. He then stabbed Mohsin Ansari, who was
accompanying him, in the back, causing bleeding. Riazul Haq,
alias Sonu Ishraful Haq, alias Chhotu, challenged Mohsin to kill
him and kicked and punched him, along with another man. The
five individuals attacked with knives with the intent to kill. They
also snatched the outstanding amount of ₹35,000 (35,000) in
cash and fled. The informant's brother was brought to the
Primary Health Center in Rohtas for treatment, then referred to
Sadar Hospital. He was then referred to Varanasi for better
treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in this case on the basis of
concocted story due to village politics and ulterior motives. The
petitioners are in no way concerned with the alleged occurrence.
He further submits that petitioner no. 2 is brother-in-law of the
informant. The petitioners have no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. The allegation against petitioner no. 1-Naushad
Patna High Court CR. MISC. No.21357 of 2026(2) dt.08-04-2026
3/4
Ansari @ Naushad Alam is of stabbing in the chest of
informant’s brother, which is a vital part of the body and
therefore, this Court is not inclined to grant privilege of
anticipatory bail to petitioner no. 1.
7. Accordingly, the prayer for anticipatory bail of
petitioner no. 1 is rejected.
8. However, against the petitioner no. 2-Riyajul
Haque, there is no serious allegation of assault and the petitioner
no. 2 has clean antecedent. Under these circumstances, this
Court is inclined to grant privilege of anticipatory bail to
petitioner no. 2.
9. Let the petitioner no. 2, named above, in the event
of his arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, Dehri
on Sone, Rohtas in connection with Rohtas P.S. Case No. 192 of
2025, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to
the further condition that:-
(i) the petitioner no. 2 shall co-operate in the
investigation/trial.
Patna High Court CR. MISC. No.21357 of 2026(2) dt.08-04-2026
4/4
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner no. 2 and in case it is
found that the petitioner no. 2 has concealed his criminal
antecedent, the Court below shall take step for cancellation of
bail bond of the petitioner no. 2. However, it is expected that
the verification process would be done expeditiously without
causing any delay.
10. Accordingly, the prayer for anticipatory bail of
petitioner no. 2 is allowed.
(Alok Kumar Sinha, J)
kiran/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.