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Patna High Court

Mohd. Arman @ Mohd. Arman Ansari @ ArmanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail must be denied where the FIR contains a specific allegation of assault with a weapon and the petitioner has a pending criminal case.

Summary

Mohd Arman sought anticipatory bail after an FIR (Case No. 78 of 2025) alleged that he assaulted an informant with a knife, charging him under Sections 126, 115(2), 118, 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that the injuries were to a non‑vital part of the body and that he was falsely implicated. The State opposed bail, emphasizing the specific allegation of assault with a weapon and the petitioner’s pending criminal case. The Court examined whether the seriousness of the allegation and the petitioner’s antecedents justified denial of anticipatory bail. Concluding that the circumstances did not merit bail, the Court rejected the anticipatory bail petition but directed that if the petitioner surrenders within four weeks, the trial court should decide his surrender‑cum‑bail application on the merits.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged assault with a weapon under the Bharatiya Nyaya Sanhita, 2023
  • Whether the presence of a specific allegation and a pending criminal case precludes the grant of anticipatory bail
  • Whether the trial court may entertain a surrender‑cum‑bail application after the anticipatory bail is denied

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • surrender-cum-bail
  • section 126
  • section 115(2)
  • section 118
  • section 109
  • section 352
  • section 351(2)
  • section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26906 of 2026
                       Arising Out of PS. Case No.-78 Year-2025 Thana- Mehsoul District- Sitamarhi
                 ======================================================
                 Mohd. Arman @ Mohd. Arman Ansari @ Arman Son of Md. Taslim Ansari
                 @ Taslim Ansari Resident of Village - Rajopatti (Chak Mahila), Ansari Road,
                 P.S.- Mehsaul, District - Sitamarhi.
                                                                             ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Mehsaul P.S. Case No. 78 of 2025 lodged on 08.07.2025,

                   for the offence punishable under Sections 126, 115(2), 118, 109,

                   352, 351 (2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023,

                   pending in the Court of C.J.M., Sitamarhi.

                                3. As per the prosecution, FIR has been lodged against

                   11 named accused persons including the present petitioner and

                   10-12 unknown persons with allegation that they have assaulted

                   the informant and his brother, due to which, they sustained

                   injuries. The allegation against the petitioner is that he has

                   assaulted the informant by knife on his back.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
             Patna High Court CR. MISC. No.26906 of 2026(2) dt.22-04-2026
                                                         2/2




                       submits that the petitioner has falsely been implicated in this

                       case. He submits that the injuries are on non-vital part of the

                       body. Counsel also submits that the petitioner's side and the

                       informant’s side are resident of the same locality. He further

                       submits that the criminal antecedent of the petitioner is not clean

                       as there is one case pending against him.

                                    5. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that as per the FIR, there is

                       specific allegation against the petitioner to assault the informant.

                                    6. As such, in the present facts and circumstances, this

                       Court is not inclined to grant bail to the petitioner. Accordingly,

                       the prayer for anticipatory bail of the petitioner stands rejected.

                                    7. However, if petitioner surrenders before the

                       concerned Trial Court within a period of 4 weeks from today

                       then in that case, the Trial Court is directed to pass order on his

                       surrender-cum-bail application on the same day, without being

                       prejudice that the anticipatory bail of the petitioner has been

                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.


                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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