Patna High Court

Kamaran AnsariversusThe State of Bihar

Decided: 19 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that, absent any specific allegation against the petitioner and given his clean record and undertaking to cooperate, anticipatory bail is warranted under Section 482(2) of the BNSS, 2023.

Summary

Kamaran Ansari sought anticipatory bail fearing arrest in a case (Vishambharpur P.S. Case No. 144 of 2021) involving alleged assault under several IPC sections. The prosecution alleged that the petitioner, along with others, assaulted an informant and his family with weapons, causing injuries. The petitioner contended he was falsely implicated, had no criminal antecedent, and the dispute was a petty family matter with no specific allegation against him. The State opposed the bail, but the Court noted the petitioner’s clean record, his willingness to cooperate, and the lack of concrete evidence linking him directly. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the allegations under IPC sections 341, 323, 324, 325, 307, 504, 506, 34.
Whether the petitioner’s lack of criminal antecedent and willingness to cooperate justify the grant of bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 504, 506

Subjects

anticipatory bail
section 482
Bharatiya Nagrik Suraksha Sanhita
Indian Penal Code
assault
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3549 of 2026
                 Arising Out of PS. Case No.-144 Year-2021 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Kamaran Ansari S/O Hatim Ansari @ Md. Hatim Resident of Village- Durg
                 Matihaniya, P.S- Vishambharpur, Distt.- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Adesh Raj Singh, Advocate
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Vishambharpur P.S. Case No. 144 of 2021, instituted under

                   Sections 341, 323, 324, 325, 307, 504, 506, 34 of the Indian

                   Penal Code.

                                3. As per the prosecution case, on the date of

                   occurrence petitioner along with F.I.R. named accused persons

                   assaulted the informant and his family members with lathi,

                   farsa, bhala etc., causing injuries to them.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. Due to petty dispute, occurrence took place between the

                   parties. Injuries on the injured are simple in nature except injury
              Patna High Court CR. MISC. No.3549 of 2026(3) dt.19-03-2026
                                                          2/2




                        no. 2 which is grievance in nature and which is on the hand of

                        the injured. There is no specific allegation against the petitioner.

                        Both parties are close relative. Petitioner has no criminal

                        antecedent.      Petitioner      undertakes         to   co-operate   in   the

                        investigation and trial.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submission of learned counsel for the parties and petitioner

                        has no criminal antecedent, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Judicial Magistrate 1st Class,

                        Gopalganj in connection with Vishambharpur P.S. Case No. 144

                        of 2021, subject to the conditions laid down in Section 482 (2)

                        of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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