Patna High Court
Haidar Ansari @ Md. HaidarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 482
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
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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
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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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