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Patna High Court

Md. Munna @ Munna Ansari @ Md. Munna AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the general nature of the allegations and the bail granted to similarly situated co‑accused, anticipatory bail should be granted to the petitioner.

Summary

The petitioner, Md. Munna Ansari, was named in an FIR relating to a Muharram procession that obstructed traffic, leading to a collision and subsequent arson and assault on a bus. He sought anticipatory bail, arguing that the charges against him were vague and that no specific assault allegation was made. The State opposed the bail, but the court noted that the allegations were general and that several co‑accused had already been granted bail by other benches. Relying on the principle of judicial parity and the lack of specific incriminating facts, the court directed that the petitioner be released on anticipatory bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

  • Whether anticipatory bail should be granted when the allegations against the petitioner are general and omnibus.
  • Whether the lack of a specific assault allegation against the petitioner warrants bail.
  • Whether parity with co‑accused persons who have been granted bail mandates granting bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • general allegations
  • judicial parity
  • Muharram procession
  • traffic obstruction
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • CrPC
  • Loudspeaker Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41986 of 2026
                      Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Md. Munna @ Munna Ansari @ Md. Munna Ansari Son of Ibrahim Ansari @
                 Ibran Ansari Resident of Village- Bisanpur Kawa (Kawa Dih), P.S.- Baligaon,
                 District- Vaishali, State- Bihar
                                                                              ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Ray, Advocate
                 For the Opposite Party/s :        Mr.Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Baligaon P.S. Case

                   No.117 of 2025 registered under Sections 191(2), 191(3), 190,

                   323, 192, 132, 109, 351(2), 326(b), 324(5), 324(6)                         of the

                   Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as well as

                   Sections 3, 7 and 9 of the Bihar Control of the Use and Play of

                   Loud Speakers Act, 1955.

                                3. As per FIR, on the alleged date of occurrence,

                   Muharram procession was to proceed on National Highway

                   along with loud D.J. music, which obstructed the movement of

                   traffic and in the meantime, a motorcycle rider hit the bus

                   coming from Samastipur as a result of which, petitioner and
Patna High Court CR. MISC. No.41986 of 2026(2) dt.02-07-2026
                                            2/3




          other co-accused persons put the bus on fire and assaulted the

          bus driver.

                       4. It is submitted by learned counsel appearing for

          petitioner that the allegation against this petitioner is very much

          general and omnibus in nature. It is pointed out that the

          allegation of assault is also not available against this petitioner.

          It is pointed out that total 36 persons made named accused

          persons with present crime in question, whereas 200 unknown

          persons were also implicated. It is submitted that several co-

          accused persons, having similar allegation were granted bail by

          learned co-ordinate Benches of this Court through Cr. Misc.

          No.15314 of 2026 dated 12.03.2026, through Cr. Misc.

          No.21504 of 2026 dated 10.04.2026 and Cr. Misc. No.32263 of

          2026 dated 13.05.2026 and, therefore, as a matter of judicial

          parity, this petitioner also deserves bail. The petitioner claimed

          clean antecedent.

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

          anticipatory bail of the petitioner.

                       6. In view of aforesaid factual and legal submissions

          as the allegation against petitioner prima facie appearing very

          much general and omnibus in nature, coupled with the fact that

          similarly situated co-accused persons have been granted
           Patna High Court CR. MISC. No.41986 of 2026(2) dt.02-07-2026
                                                       3/3




                     anticipatory bail by different co-ordinate Benches of this Court,

                     accordingly, the petitioner, above-named, in the event of his

                     arrest or surrender in the court below within a period of four

                     weeks from today, is directed to be released on bail on

                     furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Judicial Magistrate-1st Class, Vaishali at Hajipur in

                     connection with Baligaon P.S. Case No.117 of 2025, subject to

                     the conditions as laid down under Section 438(2) of the Code of

                     Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

                     the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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