Created by Fuzzy Cloud

Patna High Court

Md. Shahjad @ Shahjad AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to a bond, sureties, and verification of criminal antecedent under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md. Shahjad Ansari, was apprehended for alleged offences under Sections 196 and 299 of the B.N.S.S. for pasting communal posters in Chakia. The prosecution’s case is based on an informant’s written report, while the petitioner claims innocence, a 40% disability, and a hostile relationship with the informant. The petitioner’s counsel argued that the FIR was filed to settle a personal score and highlighted the petitioner’s clean antecedent. The State opposed bail, contending the seriousness of the alleged communal disturbance. After considering the submissions and the limited nature of the allegation, the court granted bail on a bond of Rs.10,000 with two sureties, subject to verification of criminal antecedent under Section 482(2) of the B.N.S.S. and a condition for cancellation if concealment is discovered.

Issues considered

  • Whether the petitioner is entitled to bail under Section 482(2) of the B.N.S.S. despite allegations under Sections 196 and 299.
  • Whether the FIR, filed by an informant with a personal grudge, can be considered reliable for denying bail.
  • Whether the petitioner’s disability and clean antecedent justify the grant of bail.

Legislation cited

Subjects

  • bail
  • communal harmony
  • Section 196
  • Section 299
  • Section 482
  • informant hostility
  • disability
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31002 of 2026
                   Arising Out of PS. Case No.-604 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Md. Shahjad @ Shahjad Ansari Son of Nejam @ Md. Meraj Resident of
                 Village- Kuawan, Ward no. 13, P.s-Chakia , District-East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   06-05-2026                      Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Chakia P.S. Case No. 604 of 2025, for allegedly

                   having committed offence under Sections 196 and 299 of the

                   BNS.

                                   3. As per the prosecution story, which has been

                   lodged on the basis of the written report submitted by the

                   informant to the effect that on the date of occurrence at around

                   12 in the midnight, he heard some noise and when he came out,

                   he saw that some posters were being pasted on the houses of the

                   Hindu families, related to Babri Masjid Demolition with an

                   intention of hurting the Hindu sentiment and creating communal

                   tension in the society. The informant identified the petitioner
Patna High Court CR. MISC. No.31002 of 2026(2) dt.06-05-2026
                                            2/3




          and some others.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and is 40% handicapped. He further

          submits that the petitioner and the informant are neighbours and

          they are on inimical terms, therefore, with a view to settle the

          score, the present First Information Report has been lodged. The

          petitioner has got clean antecedent.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner.

                           6. Having heard the rival submissions and after

          going through the record, it appears that only allegation against

          the petitioner is of pasting some posters and creating

          disturbance related to communal harmony. Considering the facts

          and circumstances of the case, let the petitioner, above named,

          in the event of arrest or surrender within a period of six weeks,

          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 Chief Judicial Magistrate, East

          Champaran at Motihari in connection with Chakia P.S. Case No.

          604 of 2025, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S., with further condition:

                       (1) The learned Court concerned shall verify the
            Patna High Court CR. MISC. No.31002 of 2026(2) dt.06-05-2026
                                                        3/3




                      criminal antecedent of the petitioner and in case at any stage, it

                      is found that the petitioner has concealed his criminal

                      antecedents, the court concerned shall take steps for cancellation

                      of bail bond of the petitioner. However, the acceptance of bail

                      bonds in terms of the above-mentioned order shall not be

                      delayed for purpose of or in the name of verification.



                                                  (Ritesh Kumar, J)
Ajay/Pallavi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.