Patna High Court
Md. Munna @ Munna Ansari @ Md. Munna AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 132, 190, 191(2), 191(3), 192, 323, 324(5), 324(6), 326(b), 351(2)
- Bihar Control of the Use and Play of Loud Speakers Act, 1955 — s. 3, 7, 9
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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