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Patna High Court

Haidar Ansari @ Md. HaidarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted in the absence of specific allegations against the petitioner and given his clean antecedent.

Summary

The petitioner, Haidar Ansari, sought anticipatory bail in connection with a case alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner and co‑accused assaulted an informant and his brother, causing head injuries and stealing Rs.1,65,000. The petitioner contended that he was falsely implicated, that the FIR contained only general allegations against eleven accused and that he had no criminal antecedent. The court examined the lack of specific incriminating material against the petitioner and his clean record. It granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and several conditions, invoking Section 482 of the BNSS. The order clarified that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bharatiya Nyaya Sanhita.
  • Whether the allegations in the FIR are sufficiently specific to deny bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • assault
  • theft
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6196 of 2026
                       Arising Out of PS. Case No.-398 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
                 Haidar Ansari @ Md. Haidar S/o- Md. Hakim Ansari @ Md. Hasim Ansari
                 Village- Bhelwatand, P.S. - Sirdalla, Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in connection with Sirdalla P.S. Case No. 398 of 2025 instituted

                   for the offences punishable under Sections 115(2), 126(2), 109,

                   303(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. The prosecution case is to the effect that the

                   informant along with his brother were going on a motorcycle

                   and it is alleged that all the FIR named accused persons

                   including the petitioner suddenly assaulted them by means of

                   lathi and danda. It is further alleged that the brother of the

                   informant received head injuries and the accused persons also

                   fled away taking a bag containing Rs. 1,65,000/-. The learned

                   counsel for the petitioner submits that the petitioner is innocent
Patna High Court CR. MISC. No.6196 of 2026(2) dt.04-02-2026
                                            2/3




          and has falsely been implicated and no such occurrence as

          alleged had taken place. It has further been submitted that there

          is no specific allegation against the petitioner rather general and

          omnibus allegations have been levelled against 11 accused

          persons including the petitioner. It is submitted that two injuries

          were found on the head of the injured, however there is no

          specific averment with regard to who has caused the aforesaid

          injuries. Lastly, it has been submitted that the petitioner has no

          criminal antecedent.

                       4. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       5. Considering the facts aforesaid, the petitioner is

          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Judicial Magistrate- 1st Class, Nawada

          in connection with Sirdalla P.S. Case No. 398 of 2025, subject

          to the conditions as laid down under Section 482 of the BNSS

          and subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the
            Patna High Court CR. MISC. No.6196 of 2026(2) dt.04-02-2026
                                                        3/3




                      petitioner;

                                   (ii) the petitioner will remain present on each and

                      every date fixed by the Court below, if so required by the

                      learned Trial Court;

                                   (iii) in case of absence on two consecutive dates or in

                      violation of the terms of the bail, the bail bonds of the petitioner

                      will liable to be cancelled by the Court concerned;

                                   (iv) the Court below shall verify the criminal

                      antecedent of the petitioner and in case at any stage, it is found

                      that the petitioner has concealed his criminal antecedent, the

                      court below shall take step for cancellation of bail bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification.

                                   6. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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