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Patna High Court

Motin Ansari @ MotinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Motin Ansari, sought anticipatory bail fearing arrest in a case filed under several sections of the Bharatiya Nyaya Sanhita relating to assault and other offences. He alleged that the case was false and stemmed from an ongoing land dispute, with the informant having previously filed multiple cases against him. The petitioner argued that the alleged assault with a sword was mischaracterised and that the injuries were minor, contending the complaint was a retaliatory measure. The State opposed the bail, asserting the seriousness of the offences. The court, noting the land dispute and the possibility of false implication, granted anticipatory bail on the condition of a Rs.10,000 bond and two sureties, subject to Section 482(2) of the BNSS. The order was made by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences.
  • Whether the allegations, arising from a land dispute, constitute sufficient ground to deny anticipatory bail.
  • Whether the nature of the alleged injuries and the claim of false implication affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • false implication
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58104 of 2025
                  Arising Out of PS. Case No.-248 Year-2024 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Motin Ansari @ Motin S/o Late Ishaque Ansari R/o Village- Ranglalahi
                 Jolahapatti, Ward No.08, PS- Dhanaha, Dist- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anand Kishore Choudhary
                 For the Opposite Party/s :      Ms.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   13-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 116(1), 109, 303(2), 351(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases, but then all five cases

                   were instituted by the informant and his side, as has been

                   specifically pleaded in the supplementary affidavit. It is next

                   submitted that informant alleges that on 19-11-2024 at 11 AM,

                   he came to his field and saw petitioner demarcating the

                   boundary of his land, on objection hot talk ensued, thereafter

                   petitioner called his family members and thereafter all the
Patna High Court CR. MISC. No.58104 of 2025(4) dt.13-03-2026
                                            2/3




          accused persons assaulted him causing injury on head and he

          fell but the accused persons kept assaulting him and when

          Hasmuddin came to save him, petitioner assaulted him by sword

          causing injury on his nose and Jiaul took Rs. 5,500/- from his

          purse.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant along with six family members. It is next submitted

          that on account of dispute relating to land, cases are being filed

          by both the sides against each other. It is further submitted that

          in the instant case it is alleged that petitioner assaulted

          Hasmuddin by sword causing injury on nose, but then the injury

          has been opined to be simple in nature caused by hard and blunt

          substance and the blow is not alleged to have been repeated. It is

          also submitted that sword is a sharp-edged weapon as such the

          said allegation was alleged only to give seriousness to the

          occurrence. It is also submitted that injury suffered by the

          informant has been opined to be grievous, but then the

          allegation of assaulting the informant is general and omnibus in

          nature. It is submitted that from the side of the petitioner

          Dhanaha PS Case No. 247 of 2024 has been instituted against

          the informant and his side, as such the instant case is a counter-
              Patna High Court CR. MISC. No.58104 of 2025(4) dt.13-03-2026
                                                          3/3




                        blast.

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

                        anticipatory bail of the petitioner

                                 6.     After hearing the learned counsel for the parties

                        and taking into consideration the fact that land dispute is going

                        on in between the parties and the case instituted against the

                        petitioner has been instituted from the side of informant, as such

                        the petitioner above-named, in the event of his arrest or

                        surrender within a period of six weeks from today, be released

                        on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned trial court where the case

                        is pending/successor court in connection with Dhanaha P.S.

                        Case No. 248 of 2024, subject to the conditions as laid down

                        under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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