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Patna High Court

Md Rajjak Ansari @ Rajjak Ansari @ RajjaudinversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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