Patna High Court
Md Rajjak Ansari @ Rajjak Ansari @ RajjaudinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail and should be released upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Md Rajjak Ansari, was arrested in connection with a violent incident in Suiya where an informant’s father was fatally stabbed. The prosecution alleged that the petitioner, along with others, was armed and participated in the assault, charging him under sections 191(2), 191(3), 190, 103(1), 352, 351(2) and 3(5) of the Bihar Penal Code. The petitioner’s counsel argued that the FIR primarily implicates Firdos Ansari for the knife attack and that the petitioner’s alleged role is merely exhortation, which is a general and omnibus allegation. The post‑mortem report indicated that the fatal injuries were caused by a sharp weapon, supporting the contention that the petitioner did not wield the knife. Considering the lack of direct evidence against the petitioner, his prolonged pre‑trial detention since 29‑01‑2026, and the principle of bail, the court ordered his release on regular bail upon furnishing a bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged against him.
Legislation cited
- Bihar Penal Code — s. 103(1), 190, 191(2), 191(3), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- Bihar Penal Code
- sections 191
- sections 190
- sections 103
- sections 352
- sections 351
- sections 3
- post‑mortem report
- assault
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28242 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- SUIYA District- Banka
======================================================
Md Rajjak Ansari @ Rajjak Ansari @ Rajjaudin S/o Late Md. Mahjid Miyan
@ Mahjit Ansari R/o Village - Jerua, P.S. - Suiya, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Riya Giri, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
For the Informant : Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191(2),
191(3), 190, 103(1), 352, 351(2) and 3(5) of BNS.
3. The case of the prosecution is that the petitioner
along with others being armed with lathi, danda, knife and pistol
arrived and started attacking the informant. It is further alleged
that one Habib Ansari exhorted to assault and on this, one Firdos
Ansari assaulted with a knife to the father of the informant due
to which, he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.28242 of 2026(2) dt.04-05-2026
2/3
counsel for the petitioner has submitted that as per the FIR, the
main thrust of allegation is against Firdos Ansari. Only
allegation of exhorting is against Habib Ansari. The nature of
allegation against the petitioner and others is of general and
omnibus. Learned counsel for the petitioner has further
submitted that from perusal of the postmortem report, it
transpires that the deceased has received following injuries:-
(i) incised wound left parietal region 2 inch x ½ inch x
deep cranial cavity with fracture skull bone.
(ii) incised wound left ear pinna 1 inch x ½ inch.
(iii) penetrating wound left auricular region 1 inch x
½ inch x deep mastoid region.
The doctor has opined that the cause of death of the
deceased is haemorrhage shock due to all above-mentioned
injuries caused by sharp hard and heavy object. Learned counsel
has also submitted that from perusal of the postmortem report, it
is also clear that the injuries which were received by the
deceased are all caused by sharp cutting object and only Firdos
is alleged to have assaulted the deceased with knife. Moreover,
the petitioner is languishing in judicial custody since
29.01.2026.
5. Learned APP appearing for the State has
Patna High Court CR. MISC. No.28242 of 2026(2) dt.04-05-2026
3/3
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Suiya P.S. Case No. 68 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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