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Patna High Court

Md. Azad Ansari @ Md. AzadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions.

Summary

The petitioners, Md. Azad Ansari and Anbar, sought anticipatory bail fearing arrest in a 2022 case (PS No.64) involving multiple IPC offences including assault, robbery and attempt to murder. The prosecution alleged that the petitioners assaulted the informant's father and dragged the informant's brother's wife, causing her to be half‑naked. The petitioners contended they have a clean antecedent, the incident stemmed from a petty dispute, there was no intent to kill, and medical evidence did not corroborate the alleged injuries. The Additional Public Prosecutor opposed the bail. Considering the petitioners' clean record and the lack of supporting medical evidence, the court granted anticipatory bail subject to a Rs 10,000 bond per petitioner, two sureties, and several conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the allegations under Sections 447, 341, 323, 324, 307, 379, 354(A), 504, 506 and 34 of the IPC.
  • Whether the petitioners' clean antecedent and lack of medical evidence justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • clean antecedent
  • medical evidence
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6794 of 2026
                    Arising Out of PS. Case No.-64 Year-2022 Thana- MURLIGANJ District- Madhepura
                 ======================================================
           1.     Md. Azad Ansari @ Md. Azad S/o Md. Salauddin @ Late Salauddin
           2.    Anbar @ Md. Anbar S/o Md. Kudush @ Md. Kuddus.
                 Both R/o Village - Gamhariya, Ward No.10, P.S - Murliganj, District -
                 Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mritunjay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-02-2026                  Heard Mr.Mritunjay Kumar, learned counsel for the

                   petitioners and Mr.Abhay Kumar Roy, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Murliganj P.S. Case No.64 of 2022, dated

                   08.02.2022 registered for the offences punishable under

                   Sections 447,341,323,324,307,379,354(A),504,506,34 of IPC.

                                3. According to prosecution case, there is specific

                   allegation of assault to Md. Mustakim (informant’s father) by

                   petitioner      No.1, namely, Md. Azad               and petitioner No.2,

                   namely, Anbar @ Md. Anbar is alleged to have pulled wearing

                   clothes of the Bhawo (informant’s brother’s wife) of informant
Patna High Court CR. MISC. No.6794 of 2026(2) dt.25-02-2026
                                            2/3




          with bad intent and dragged on the ground causing half naked.

                       4. Learned counsel appearing for the petitioners

          submits that the petitioners have clean antecedent. It appears

          from the FIR itself that due to some petty dispute the present

          occurrence had taken place. Although there is no intention to

          kill anyone and there is no repetition of blow upon the injured

          person and the allegation as alleged in the FIR does not support

          by the medical evidence.

                         5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts, petitioners have

          clean antecedent and medical evidence does not support the

          allegation as alleged in the FIR, let the petitioners, above

          named, in the event of their arrest or surrender before the court

          below within a period of thirty days from the date of receipt of

          the order, be released on bail on furnishing bail bond of

          Rs.10,000 (Ten Thousand)each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate,

          1st Class, Madhepura in connection with Murliganj P.S. Case

          No.64 of 2022, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure/Section

          482(2) of BNSS, 2023 and with other following conditions:-
               Patna High Court CR. MISC. No.6794 of 2026(2) dt.25-02-2026
                                                           3/3




                                      (I) Petitioners shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on their absence on two consecutive dates without sufficient

                         reason, their bail bond shall be cancelled by the Court below.

                                      (II) If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioners. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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