Patna High Court
Ansarul AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted because the injuries were simple, and the court imposed appropriate conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Ansarul Ansari and Md. Tajuddin Ansari, sought bail in connection with Simultalla P.S. Case No. 105 of 2025, which alleged offences under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the accused entered the informant’s house armed, assaulted the informant and his family, causing simple injuries. The petitioners claimed they were falsely implicated and asserted innocence. The State opposed bail, arguing the seriousness of the offences. The High Court, noting that the injuries were simple in nature, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., including appearance requirements and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the accused pending trial for offences under the Bhartiya Nyaya Sanhita, 2023 given the nature of the alleged injuries.
- Whether the simple nature of the injuries justifies the denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 191(1), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- simple injury
- Section 482
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23145 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- SIMULTALLA District- Jamui
======================================================
1. Ansarul Ansari Son of Idrish Mian Resident of Village - Kanodi, P.S. -
Simultalla, District - Jamui.
2. Md. Tajuddin Ansari Son of Idrishi Mian Resident of Village - Kanodi, P.S. -
Simultalla, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shaukat Alam, Adv.
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Simultalla P.S. Case No. 105 of 2025 dated
08.12.2025 registered for the offence punishable under Sections
191(1), 126(2), 115(2), 118(1), 109(1), 352, 351(2) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on 07.12.2025,
the accused persons arrived at the Informant’s house armed with
weapons, abused and assaulted him and his family members.
Vakil Ansari was attacked with a sword causing injury, while
others, including the informant and his brother Sahbuddin
Ansari, were beaten with rods, lathis, and bricks. The
Patna High Court CR. MISC. No.23145 of 2026(3) dt.06-05-2026
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informant’s mother was also assaulted when she intervened.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. It is next submitted that total nineteen persons
have been made accused in this case; however, specific
allegations of overt acts have been made against the petitioners,
whereas the injuries sustained to the Informant and his family
members are simple in nature.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the injuries caused upon the Informant
and his family members are found to be simple in nature, let the
above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Jamui in connection with Simultalla P.S. Case No.
105 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. as well as the following
conditions:
Patna High Court CR. MISC. No.23145 of 2026(3) dt.06-05-2026
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(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
7. The learned court below is directed to verify the
nature of injury caused upon the Informant and his family
members and if the statement of the petitioner is found to be
incorrect, the bail bonds shall not be accepted.
(Ajit Kumar, J)
rishi/-
U T
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