Patna High Court
Md. Shahjad @ Shahjad AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- B.N.S.S. — s. 196, 299, 482(2)
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
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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
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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
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