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Patna High Court

Md. Rais Ansari @ Md. AnwarulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations were vague and unsupported by post‑mortem evidence, warranting the grant of bail to the petitioners.

Summary

The petitioners, nine members of the Ansari family, were accused in Forbesganj P.S. Case No. 394 of 2024 of murdering the husband of an informant, allegedly by a group assault involving lathis and fists. The prosecution charged them under multiple IPC sections including 147, 148, 149, 341, 323, 302, 504, 506 and later under Section 304 for murder. The petitioners contended that the allegation of fatal assault was vague, that the informant’s eyewitness claim was uncorroborated, and that the post‑mortem report showed no visible injuries on the deceased, creating a serious doubt about the cause of death. The Additional Public Prosecutor admitted the lack of injuries but still argued the assault was fatal. The court found the allegations to be general and unsupported by medical evidence, deeming them doubtful on their face, and consequently ordered the release of all nine petitioners on bail with a bond of Rs. 10,000 each, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the allegations of murder based on a group assault are sufficiently specific to deny bail.
  • Whether the absence of visible injuries in the post‑mortem report creates reasonable doubt about the cause of death.
  • Whether the charge‑sheet under Section 304 IPC is appropriate given the evidentiary gaps.
  • Whether bail can be granted under Section 482(2) of the BNSS in the circumstances.

Legislation cited

Subjects

  • bail
  • murder
  • assault
  • post-mortem
  • IPC sections
  • general allegation
  • reasonable doubt
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69840 of 2024
                     Arising Out of PS. Case No.-394 Year-2024 Thana- FORBESGANJ District- Araria
                 ======================================================
           1.     Md. Rais Ansari @ Md. Anwarul S/O Siraj Ansari Resident of Village-
                  Rampur North ward No. 05, P.S- Forbesganj, District- Araria.
           2.    Wajuddin Ansari @ Wajuddin S/O Rasul Ansari Resident of Village-
                 Rampur Dakshin ward No. 11, P.S- Forbesganj, District- Araria
           3.    Shahruk Ansari @ Sharuk S/O Safraz Ansari @ Sarfraz Ansari Resident of
                 Village- Rampur Dakshin ward No. 11, P.S- Forbesganj, District- Araria.
           4.    Sarfraz Ansari @ Md. Sarfraz @ Saifraz Ansari @ Safraz Ansari S/O Rasul
                 Ansari Resident of Village- Rampur Dakshin ward No. 11, P.S- Forbesganj,
                 District- Araria.
           5.    Shadab Ansari @ Shadab S/O Siraj Ansari Resident of Village- Rampur
                 Dakshin ward No. 11, P.S- Forbesganj, District- Araria.
           6.    Afroz Ansari S/O Rasul Ansari Resident of Village- Rampur Dakshin ward
                 No. 11, P.S- Forbesganj, District- Araria.
           7.    Muntasir Ansari @Muntasir @ Mustasir @ Mustahir S/O Wajuddin Ansari
                 Resident of Village- Rampur Dakshin ward No. 11, P.S- Forbesganj,
                 District- Araria.
           8.    Ahsab Ansari @ Ashab S/O Siraj Ansari Resident of Village- Rampur
                 Dakshin ward No. 11, P.S- Forbesganj, District- Araria.
           9.     Sabraj Ansari S/O Rahmat Ansari Resident of Village- Rampur Dakshin
                  ward No. 11, P.S- Forbesganj, District- Araria.
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :       Mr.Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   04-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioners and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                  2. The accused/petitioners apprehending their

                   arrest in connection with Forbesganj P.S. Case No. 394 of
Patna High Court CR. MISC. No.69840 of 2024(4) dt.04-02-2026
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          2024 registered for the offences punishable under Sections

          147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal

          Code.

                       3. The allegation against the petitioners is to commit

          murder of the husband of the informant alongwith named co-

          accused persons by causing physical assault by lathi, rod,

          fight fists etc.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that the allegation qua committing

          physical assault which proves fatal subsequently is appearing

          very much general and omnibus against all named co-accused

          persons including petitioners. It is pointed out that the

          informant claims herself as an eye-witness of the occurrence

          and if it is true then certainly several visible injuries must to

          be noticed upon the body of her deceased husband but upon

          post-mortem no visible injuries was noticed upon the dead

          body of the husband of informant, making a serious doubt

          qua allegation as her husband was badly assaulted by twelve

          named co-accused persons including petitioners. It is

          submitted that cause of death could not ascertain, upon
Patna High Court CR. MISC. No.69840 of 2024(4) dt.04-02-2026
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          postmortem.

                       5. Arguing further, it is submitted by learned

          counsel that after investigation qua apprehended co-accused

          persons, the police submitted charge-sheet for the offence

          punishable under Section 304 of the IPC and as such,

          disbelieved the allegation of the informant qua committing

          murder of her husband by petitioners and other co-accused

          persons.

                       6. Learned APP while opposing the prayer of bail

          submitted that all petitioners collectively assaulted the

          husband of the informant which proves fatal. However, he

          conceded that upon post-mortem no visible injuries was

          noticed upon the dead body.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as allegation qua committing physical

          assault is appearing very much general and omnibus against

          all petitioners coupled with the fact that no visible injuries was

          found by doctor upon body of deceased husband of the

          informant during post-mortem in background of the allegation

          that he was assaulted by 12 co-accused persons which prima
              Patna High Court CR. MISC. No.69840 of 2024(4) dt.04-02-2026
                                                          4/4




                        facie making the allegation doubtful on its face, accordingly,

                        all nine above named petitioners, in the event of their arrest

                        or surrender before the learned trial Court, within a period of

                        four weeks of the order, is directed to be released on bail

                        furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        each with two sureties of the like amount each to the

                        satisfaction of the learned 1st Additional Sessions Judge-cum-

                        Special Judge, Araria/concerned Court, where the case is

                        pending in connection with Forbesganj P.S. Case No. 394 of

                        2024 subject to the conditions as laid down under Section

                        482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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