Patna High Court
Md. Guljar AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, holding that the incident appeared to be a free fight and bail was appropriate under Section 482(2) of the BNSS.
Summary
The petitioners, Md. Guljar Ansari and Md. Amrit Ansari, were named in an FIR for alleged assault on the informant's father and family, involving the use of a farsa and stone‑pelting, with accusations of intent to cause death under several sections of the BNS. The petitioners contended that the incident was a "free fight" where both sides sustained injuries, and that the allegations against them were vague and primarily directed at a co‑accused. They also highlighted a clean antecedent and a counter‑case they had filed against the informant. The State opposed bail, arguing the seriousness of the offences. The court, after considering the factual submissions, observed that the occurrence appeared to be a free fight and therefore granted bail to the petitioners, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the alleged assault constitutes a cognizable offence warranting denial of bail
- Whether the facts indicate a "free fight" justifying bail under Section 482(2) of the BNSS
Legislation cited
- Bihar Negotiable (BNS) — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Bihar Negotiable (BNSS) — s. 482(2)
Subjects
- bail
- criminal procedure
- free fight
- assault
- intent to cause death
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42022 of 2026
Arising Out of PS. Case No.-184 Year-2026 Thana- BANKA District- Banka
======================================================
1. Md. Guljar Ansari S/o Late Rahim Ansari R/o Village - Laskari, P.S - Banka,
District - Banka
2. Md. Amrit Ansari @ Hamid Ansari S/o Md. Guljar Ansari R/o Village -
Laskari, P.S - Banka, District – Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Najmul Hodda
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Banka P.S. Case No.
184/2026 registered for the offences punishable under Sections
126(2), 115(2), 118(1), 109(1), 352, 351(2) and 3(5) of the BNS.
3. As per FIR, petitioners along with 23 named co-accused
persons assaulted father of informant by using farsa and also pelted
stone on the family members of the informant causing head and
bodily injuries. It was alleged that assault was made with intention to
cause their death.
4. It is submitted by learned counsel appearing on behalf
of the petitioners that present occurrence appears free fight in nature,
where both parties received injuries, therefore, it cannot be said
safely that petitioners were not under intention to cause death of the
informant and his family members. It is also submitted that
petitioner’s side also lodged a case for same set of occurrence against
Patna High Court CR. MISC. No.42022 of 2026(2) dt.02-07-2026
2/2
informant, which has been registered as Banka P.S. Case No.
185/2026. It is also submitted that petitioners were implicated with
the present crime in question due to local disputes and differences. It
is further argued that allegation is specifically available against one
of the co-accused namely Md. Shahbuddin Ansari, who alleged to
assault father of the informant by means of farsa. It is submitted that
maximum allegation against this petitioner is regarding pelting stones
upon family of informant and others, which is appearing very much
general and omnibus in nature. Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as occurrence prima-facie appears free fight, where both
parties received injuries, accordingly both above-named petitioners,
in the event of their arrest or surrender before the court below within
a period of four weeks, are directed to be released on bail, furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
CJM, Banka/concerned Court, where the case is pending in
connection with Banka P.S. Case No. 184/2026 , subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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