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Patna High Court

Meraj AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the release of the petitioners on bail subject to a bond and specified conditions.

Summary

The petitioners, Meraj Ansari, Nesar Ansari and Bhola Ansari, were arrested on 19 January 2026 in connection with an excise case (Shikarpur PS Case No. 729 of 2025) alleging assault, robbery and attempted murder under several sections of the Bihar Non‑Specific (BNS) Act. The prosecution, based on the informant Mritunjay Mishra’s statement, alleged that the accused attacked the informant’s son, stole a silver chain and Rs. 8,000, and inflicted knife injuries. The petitioners contended that they were falsely implicated, that the FIR was fabricated, and highlighted that they have prior antecedents but are already on bail in other pending matters; they also pointed out that a co‑accused, Akhilesh Ram, had been granted bail by the same court. The learned Additional Public Prosecutor opposed bail, arguing the seriousness of the offences. After considering the facts, the court granted bail to the petitioners on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused persons charged under Sections 126(2), 115(2), 118(1), 109(1), 303(2) and 3(5) of the BNS Act despite the seriousness of the alleged offences and their prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • robbery
  • attempted murder
  • criminal antecedent
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31344 of 2026
                  Arising Out of PS. Case No.-729 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
           1.     Meraj Ansari Son of Doma Mian Resident of Village- Rajpur, Ward no. 12,
                  Ps- Shikarpur, dist- West Champaran
           2.    Nesar Ansari @ Nesar Ansar Son of Sharif Ansari Resident of Village-
                 Rajpur, Ward no. 12, Ps- Shikarpur, dist- West Champaran
           3.    Bhola Ansari @ Tejamul Ansari @ Tejabul Ansari Son of Monif Ansari @
                 Manif Miyan Resident of Village- Rajpur, Ward no. 12, Ps- Shikarpur, dist-
                 West Champaran

                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shahbaj Alam
                 For the Opposite Party/s :       Mr. Anil Kumar
                 For the Informant        :       Mr. Santosh Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                      Heard Mr. Shahbaj Alam, learned counsel for the

                   petitioners, Mr. Santosh Kumar Jha, learned counsel for the

                   informant and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seek bail who are in custody since

                   19.01.2026 in connection with Shikarpur Excise P.S. Case No.

                   729 of 2025 for the offences punishable under Sections 126(2),

                   115(2), 118(1), 109(1), 303(2) and 3(5) of BNS.

                               3.     The case of the prosecution, in brief, is that

                   informant Mritunjay Mishra says that on 17-07-2025 in between

                   07:00 pm to 09:00 pm his son Murari Mishra was returning at
Patna High Court CR. MISC. No.31344 of 2026(2) dt.07-05-2026
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          his home after plying the tempo. Further stated that when he

          reached near Devi Asthan Gadhi Mai he saw that accused

          persons namely Akhilesh Ram, Shubham Ram @ Bhola and

          petitioner Meraj Ansari, Nesar Ansari (petitioner), Bhola Ansari

          (petitioner) came on bike and after getting off they began

          assaulting with slaps and fists and they also snatched silver

          chain and took out Rs. 8,000/- from his pocket. Further stated

          that when his son tried to save himself then all accused inflicted

          with knife and sharp edge gadasi with an intention to kill him

          and they fled away taking chain and rupees from the place of

          incident. Further stated that informant got information on phone

          and he reached the placed of incident where he found that his

          son is unconscious and soaked in blood. Further stated that his

          son was brought to the government hospital Narkatiyagaj and

          from where he was referred to Bettiah government hospital for

          treatment.

                      4.    Learned counsel for the petitioner submits that

          petitioner no. 1 has two antecedents and petitioner nos. 2 and 3

          have antecedent of one case other than the present case but

          fairly submits that the petitioners are on bail in the pending

          matters. Learned counsel for the petitioners submits that

          petitioners have falsely been implicated in the present case. It is
Patna High Court CR. MISC. No.31344 of 2026(2) dt.07-05-2026
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          further submitted that the allegation as alleged in the FIR is

          forged and fabricated and the petitioners have not committed

          any offence as alleged in the FIR. It is next submitted that

          although there is specific allegation of assault of against the

          petitioners that they have assaulted the son of the informant by

          means of knife and some of the injuries received by the injured

          is simple in nature caused by sharp edged weapon. Learned

          counsel for the petitioners further submits that similarly situated

          co-accused persons, and police after investigation has submitted

          charge-sheet and petitioner is in custody since 19.01.2026.

          Learned counsel for the petitioners submits that co-accused

          person, namely, Akhilesh Ram has been granted bail by a

          Coordinate Bench of this Court vide order dated 17.01.2026

          passed in Cr. Misc. No. 83390 of 2025.

                      5. The learned Additional Public Prosecutor for State

          and learned counsel for the informant have vehemently opposed

          the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, 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

          Court of Additional Chief Judicial Magistrate-VI, Bettiah, West
           Patna High Court CR. MISC. No.31344 of 2026(2) dt.07-05-2026
                                                       4/4




                     Champaran in connection with Shikarpur Excise P.S. Case No.

                     729 of 2025, subject to the following conditions:-

                                  i. Petitioners shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on their absence on two consecutive dates without sufficient

                     reason, their bail bond shall be cancelled by the Court below.

                                  ii. If the petitioners tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. 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.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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