Patna High Court
Motin Ansari @ MotinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 116(1), 126(2), 303(2), 3(5), 351(2), 482(2)
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
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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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