Patna High Court
Meraj AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Non‑Specific (BNS) Act — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)
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
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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
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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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