Patna High Court
Sanaul Ansari @ Sanabul AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Sanaul Ansari, feared arrest in a Garhi police case involving offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bihar Negotiable Substances Act (BNSS). He asserted that he was falsely implicated, that his name surfaced only during investigation, and highlighted that a similarly situated accused, Arif Ansari, had been granted anticipatory bail. The State opposed the bail, but the court noted the petitioner’s clean antecedent and the precedent of the earlier order in Cr. Misc. No.40046/2025. Applying Section 438(2) of the CrPC and Section 482 of the BNSS, the court allowed the anticipatory bail application. The petitioner was directed to surrender within four weeks, furnish a bail bond of Rs.10,000 and two sureties of the same amount, subject to the conditions of anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC.
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to a similarly situated accused justify granting bail in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Negotiable Substances Act
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60616 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- GARHI District- Jamui
======================================================
Sanaul Ansari @ Sanabul Ansari Son of Matal Mian @ Kamaruddin Mian
R/O Vill- Murbaro, P.S.- Garhi District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mrs.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Garhi P.S. Case No. 01 of 2025 registered for
the offence under Sections 126(2), 115(2), 109, 352, 351(2) and
3(5) of B.N.S.
3. As per the prosecution case, one Bambam
Pandit was assaulted with hasuli by the accused persons.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has come during investigation. It is lastly
submitted that similarly situated accused person namely, Arif
Ansari has been granted anticipatory bail by a co-ordinate
Patna High Court CR. MISC. No.60616 of 2025(6) dt.10-03-2026
2/2
Bench of this Court vide order dated 26.06.2025 passed in Cr.
Misc. No. 40046/2025. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate -1st Class, Jamui/ concerned Court below in
connection with Garhi P.S. Case No. 01 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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