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Patna High Court

Md. Guljar AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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