Patna High Court
Imroj AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to regular bail subject to the stipulated conditions.
Summary
The petitioner, Imroj Ansari, was arrested in connection with a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault causing simple injury. He had been in custody since 5 April 2026 and claimed innocence and a clean antecedent. The State opposed his request for regular bail. The High Court considered the nature of the offences, the period of custody, and the petitioner’s claim of a clean record, and ordered that regular bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of regular appearance and verification of antecedents. The order emphasized that the observations were prima facie and not a determination on the merits of the case. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is eligible for regular bail under the Bharatiya Nyaya Sanhita, 2023 for the offences alleged
- Whether the period of custody and nature of the alleged assault justify denial of bail
- Whether the petitioner’s claim of a clean antecedent warrants bail without delay
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2)
Subjects
- regular bail
- bail bond
- assault
- simple injury
- clean antecedent
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43205 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- MATIYARIA District- West Champaran
======================================================
Imroj Ansari S/o Bhola Ansari R/o Village - Daraul Madarsa Tola, P.S -
Matiyariya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap
For the Opposite Party/s : Mr. Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Matiyariya @ Matiyaria P.S. Case No. 29 of 2026 registered for
the offence under Section(s) 126(2), 115(2), 118(1), 109(1),
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim causing simple injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 05.04.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.43205 of 2026(2) dt.02-07-2026
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6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Matiyariya @
Matiyaria P.S. Case No. 29 of 2026 subject to conditions that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(ii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.43205 of 2026(2) dt.02-07-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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