Patna High Court
Md. Azad Ansari @ Md. AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure — s. 438(2)
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
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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
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(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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